SF 57 

.T7 

Copy 1 5 



The Stockmen's 
Legal Guide 



For Nebraska and Iowa 




PUBLISHED BY 

Stockmen's Claim Association 

OMAHA, NEBRASKA 



. . The . . . 

PACKERS 

National Bank 

ss=s= South Omaha, Neb. ^^^ 



Capital and Surplus $300,000.00 



J. F. Coad, President 
Wm. J. Coad, Vice-Pres. 
H. C. Nicholson, Cashier 
H. F. Trumble, Ass't Cash. 
T. J. Shanahan, Ass'kCash. 



All branches of bank- 
ing in connection with 
the Live Stock Industry 



4% Interest Paid on Time Deposits 



HOTEL 

DAVENPORT 

J. C. Humphreys, Proprietor 

Electric Lghts 
. . Steam Heat . . 

American or European 
Rooms 50c, 75c, $1.00 

Bar in connection Vz block Earft 

310-12-14 Virginia Street 

Sioux City, -:- Iowa 



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Successful Handlers of Live Stock 

Experienced salesmen in each depart- 
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specialty. We handle Cattle, Hogs and 
Sheep on commission only. We buy 
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right kind at the lowest market price. 
Our increasing business from year to 
year proves our net results give the 
satisfaction our customers want. 



Try us and be Convinced. Remember 
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So. Omaha, Neb. 



Denver, Colo. 




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OMAHA 

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STOCKMEN'S 



LEGAL GUIDE 



NEBRASKA- IOWA 

EDITION 



Price $1.00, Postpaid 

(Copywrited 1914 by J. C. Travis) 



PUBLISHED BY 

Stockmen's Claim Association 
Omaha, Nebraska 



Wonderful Treatment for Rheumatism and 
Many Chronic Diseases /^ 

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Exposition as being the Most Perfect Bath in the World. 

MoorefiekTs Medicated 

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We positively give relief to all sufferers of rheu- 
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THESE BATHS have no weakening effect, but strengthen and 

exhilarate in every case. +„w„«- 

They may be taken on the coldest day without danger of taking 

'°Tnev have the greatest cleansing power of any Bath in the World. 
We cure when all the noted Springs and the many different 

Vhv kave home and business for treatment when you can be 
cured "at home at less expense while attending to your business. 

SKIN DISEASES. 

These Baths help the skin to. throw off impurities and make the 
complexion clear and beautiful. 

FEMALE WEAKNESSES. 

It is a God-send to suffering women, bringing great relief for 
many serious troubles. 

DRUNKENNESS. 

We can cure any case of Inebriety in two hours, leaving the pa- 
tient with no bad feeling. * a n-j 

If you have a case which the doctors and other baths have failed 
to cure, come and investigate. We can cure you. 

These Baths will help you if you are well. 

They are pleasant to take. 

Try them; you will be delighted. ./ 

If you would attain greater physical perfection or ward off the 
advances of age you cannot afford to neglect these Baths. 

•While the patient lies naturally, it causes every nerve and muscle 
to relax, the head resting on a pillow outside the tub. 

Medicated vapor of a proper heat causes the impurities of the 
system to exude through the pores of the skin. 

This Bath will take the impurities of whatever nature, out ol 
your system and make you feel young again. 

Baths $1.00; Six for $5.00. Massage $1.00; Six for $5 CO. 

Lady attendant for Ladies from -§\a, m. to 6 p. m., or any time 
by appointment. .„/ 

JOHN A. SOLOMON 

Proprietor 

507 No. 24th St., SOUTH OMAHA, NEB. 
Bell Phone South 2992 y Opposite Fostoffiee. 

p / K ^° 

FEB 24*1914 

©CI.A3.69108 



Introduction 

Every man is presumed to know the law, and ignorance of the 
law is no excuse for a violation of it — so say the maxims. It is 
however, utterly impracticable for every man to be a lawyer and 
know all the laws, yet it is practicable for him to be at least passing- 
ly familiar with those. laws which govern and control his business. 

The laws are the rules and regulations which he is forced to ob- 
serve for the protection and well-being of himself and his fellow- 
man. 

And especially is this true of the stockman. There is, perhaps, 
no set of men engaged in any business in this state who are so con- 
stantly being brought face to face with circumstances and situa- 
tions which place their rights in jeopardy as is the stockman. Ev- 
ery time he ships in a stallion, a bull or a boar — every time he places 
them in his fields on the range — every time he ships his stock to 
market — he is surrounding himself with a perfect maze of duties 
which must be performed on his part and on the part of others that 
no one will be damnified. 

And he should know just what his rights are under any given 
case — "forewarned is forearmed." 

It is because of these facts that this book has been compiled and 
written. It sets forth the laws as they were created by statute, with 
certain decisions of the State Supreme Court and the United States 
Supreme Court interpreting them — which decisions form the nucleus 
of the various articles. 

The author claims no originality of thought in this book — in fact 
the converse is true. These laws began in their formation upon the 
beginning of man and are the outgrowth of centuries upon centuries 
of careful thought and study of the wisest sages of each generation — 
each generation weeding out the bad and replacing them with good, 
modifying and extending them and finally handing them down to the 
succeeding generation for its revision — eventually reaching us in the 
year 1913 in their present form. 

The author does claim, however, that a passing familiarity with 
the laws contained in this book will mean the saving of hundreds 
of thousands of dollars annually to the stockmen. 

An erroneous impression is sometimes found current as to the 
conduct of business in a stock yards. It is not infrequently found 
that the stock yards, the commission houses and the packers are all 
confounded as one institution. Three separate and distinct branch- 
es of business are found in the conduct of the live stock business at 
all stock yards. The Stock Yards company does not do a business in 

5 



Stockmen's Claim Association 



Stock Claims 



Freight Claim Adjusters 



Common Law Carrier 



Bee Bldg. Omaha, Neb. 




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the buying and selling of live stock; it is an institution that furnishes 
yards for the concentration and handling of live stock; its revenues 
are derived from pen rental and feed charges. The live stock commis- 
sion man is not a buyer and seller of cattle, hogs and sheep; he is the 
agent of the producer and handles the stock through the yards for a com- 
mission paid by the seller; he does not make his revenues by the 
purchase and sale of stock; he is the medium between the original 
owner and the packer. The packer does not speculate in live stock 
in the yards; he buys the live stock, takes it to the abattoir and 
there proceeds by different processes to transform that stock into 
merchantable packing house products. 

However, not all of the live stock arriving in the stock yards goes 
direct to the packers. The stock yards has another market. Much 
of the stock arriving at the yards is unfit for killing. Large num- 
bers of this class of stock, cattle and sheep, especially, are brought 
by farmers to be taken back to the country to be fed out and made 
ready for the slaughter house and the meat block. 

THE AUTHOR. 



SIOUX CITY'S FOREMOST CLOTHES STORE 




FOURTH AND NEBRASKA STS. 




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STETSON HATS 



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Law Offices of 

JOHN 0. YEISER 

Bee Building 

Omaha. 



To Whom It May Concern: 

This is to certify that I have examined the manuscript for 
this publication with a view of determining whether or not the 
same contains a substantial statement of the laws. 

While I have not made a clerical comparison still I was 
unable to detect any errors. 

I am very much impressed with the value of this publi- 
cation to farmers and stockmen. 

Sincerely yours, 

(Signed) JOHN 0. YEISER. 



Wm. C. R. Nollmann, A. A. Kruse, 

Pres. Sec. & Treas. 



Omaha Marble 
& Tile Company 



Tile Work— 

Bath Rooms, Vestibules, Floors. 



Onyx and Marble — 

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1 1 0- 1 1 2 N. 1 4th St. Omaha, Neb. 



How to Colledl Claims 

Important Suggestions promulgated by Carriers to Secure the Co- 
operation of the Shipping Public, Endorsed by the Freight 
Claim Association, Comprising Practically All Car- 
riers in the United States, Canada and Mexico. 

Honest, frank and hearty co-operation on the part of claimant 
in presenting claim with proper evidence does much to expedite set- 
tlement. The policy of carriers today is to establish the validity of 
a claim and not to avoid liability. 

The Freight Claim Agent is bound to live within the scope of the 
law and cannot subject himself, his Company or the claimant to the 
severe fines and penalties imposed by law by paying claims until the 
facts and measure of legal liability are established. ("It is not the 
proper practice for railroad companies to adjust claims immediately 
on presentation and without investigation. The fact that shippers 
may give a bond to secure repayment in case, upon subsequent ex- 
aminations, the claims prove to have been improperly adjusted, does 
not justify the practice." Extract from Interstate Commerce Com- 
mission Bulletin No. 3, Article No. 68.) 

Any loss or damage, immediately on discovery, should be reported 
to the Agent of the delivering line, and every opportunity should be 
afforded him to inspect and verify the same, and in no case should 
report of this loss or damage be delayed beyond forty-eight hours after 
receipt of goods. 

Delay in making complete investigation is sometimes unavoid- 
able on account of the numerous agencies involved. It must be borne 
in mind that every claim must undergo some investigation, since re- 
ports of loss or damage are not always at the finger tips of the Claim 
Department. 

Delay in adjusting claims for damages often arises through the 
refusal of consignee to accept property which has been delayed or 
damaged in transit. It should be understood that the acceptance of 
such delayed or damaged property does not in any way jeopardize any 
proper claim which the owner may have against the carrier; in fact, 
the law expressly provides that a consignee must accept his own 
property and use all diligence in disposing of it with a view of min- 
imizing loss. 

If a carrier fails to acknowledge receipt of a claim, it is an over- 
sight. In acknowledging receipt of claims the official in charge of the 
Claim* Department furnishes a claim number under which all cor- 
respondence pertaining to that claim is handled, and it would very 
much expedite the work in the freight claim office if reference was 
made to this claim number in any correspondence from claimant or 
on statements of account periodically sent. 

11 



Purity, Quality THE TASTE TELLS Age 100% 

Gold&rom's Straight Pure Whiskey 

The constant demand for a pure 100% straight Whiskey has 
placed us in a position to give you the best value for the money. 
This Whiskey is a 2-stamp, fine, mellow whiskey, put up by us in 
one-gallon glass bottles with our 15 years of business guarantee 
behind it. For medicinal use and purity it has no equal. Every 
bottle has the green stamp with 100 per cent proof on same to as- 
sure you that we want to give you fine quality Whiskey. A T 1 we 
ask is a trial order. Money refunded if not satisfied. This Whis- 
key is distilled for us in Registered Dist. No. 1, of Nebraska, from 
Nebraska and Iowa's choice grain. Patronize your home market. 
Why send away for your liquors when you can get the same at 
home? We give prompt delivery. All goods shipped in plain 
boxes same day on receipt of order. Don't delay. Order today. 
Glass and Corkscrew FREE with each order 
Gold Strom's Straight 4-year-old Whiskey, QQ OH 

1 -gallon bottle, express prepaid IjlU. t U 

2-gal. jug or two 1-gal. bottles ..$6.00 

3-gal. jug or keg 8.75 

5-g.a!. keg or five 1-gal. jugs , 13.75 

Orders for Wyoming, Colorado, Idaho, North and So. Dakota, 
Montana Oregon and Washington must call for 5 gallons or more 
to be prepaid. To customers desiring quantities of this Whiskey 
by the barrel or half-barrel, we will make special prices. 

Send for Complete Price List. 

SOL. S. GOLDSTROM DISTRIBUTING COMPANY 
Box 66 Stock Yards Branch, So. Omaha, Neb. 

Get a Delightful Home or a Profitable 

Investment with a Large Future 

Income in Polk County 

FLORIDA 

FLORIDA has the most delightful climate in the United States. 

POLK CO. land is the cream of the state for oranges and grape- 
fruit. 

POLK CO. shipped 58,000 boxes more, the past year, than any 
other Co. 

POLK CO. has 500 beautiful clear lakes, moderating the air all 
the year; No snow no "Blizzards". Boating, Bathing, Fishing, 
Autoing; Golf and Ball; Fresh Vegetables and Ripe Strawberries 
are winter delights. If you were there wouldn't you think that 
delightful? 

MY POLK CO. land, set to grove 1 would cost you around $150 
per acre. Properly cared for 5 years, it is worth $500 per acre. 
Isn't that good profit? 

'This Orange and Grapefruit grove, after 5 years old, will yield 
$100 to $1,000 per acre net. Isn't that a nice income? Wouldn't 
you like 10 or 20 acres? Mr. Koplin last year sold his fruit .from 
7% acres for $11,300.00 Mr Stephens sold his fruit from a 5- 
acre grove for $8,000.00 net. Both in POLK CO. 

My raw land in POLK CO. prices $40 to $100 per acre. It will 
pay you to investigate this. Write NOW for literature telling you 
all about it. Call personally if you can. Address 

C. G. SOMERS 

882 Brandeis Building, Omaha, Nebraska. 



TABLE OF CONTENTS 

INTRODUCTION 5 

HOW TO COLLECT CLAIMS II 

NEBRASKA LAWS: 

Laws Covering a Shipment 15 

Common Carrier Liability 21 

Freight Rates 22 

Shipping Laws 23 

Herding, Estrays, Etc 32 

Diseased Stock and Quarantine Laws 38 

Brands 48 

Stallion Laws 51 

Criminal — Animals . , 57 

Fence Laws 59 

Stock Yards 62 

Liens on Live Stock 63 

Registering 64 

Execution 64 

Taxes 64 

CrueLy to Animals 64 

IOWA LAWS: 

Stallions, Jacks and Registered Pedigreed Stock 65 

Domestic Animals 68 

Live Stock Running at Large 73 

Criminal — Animals 73 

Diseased Stock and Quarantine Laws 76 

Liens 82 

Fences 82 

Commission of Animal Health 87 

Associations for Promotion of Live Stock Industry 88 

Dairy and Beef Cattle Indus:ry 90 

Registering of Farm Names 92 

UNITED STATES LAWS AND SANITARY REGULATIONS 93 

RAILROAD RULES AND REGULATIONS 110 



13 



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Stockmen's Legal Guide 

NEBRASKA LAWS 



Laws Covering a Shipment 

THE CARS. 

Upon determining to ship, the stockmen should give his order 
to the railroad company for the desired number of cars, stating the 
size, class (single or double deck), etc., and should confirm his order 
in writing immediately. Should he desire a special car, such as a 
"Palace Stock Car", his order should so specify. 

These cars, must be furnished promptly and without discrimina- 
tion and set at the desired point. They must also be safe and suit- 
able for the transportation of stock, and, in order to make them 
such, should contain an adequate amount of bedding. Under all cir- 
cumstances the railroad company must comply with the provisions. 

LOADING. 

Unless otherwise stipulated and agreed the railroad company 
must load the stock in the cars, and will be liable for any negligence 
on their part in so doing. The shipper, however, may by agreement 
load the cars in which event he would be liable for any damage, 
excepting, of course, any damage the outcome of unsafe equipment 
furnished him or negligence on the part of the railroad company. The 
stock must be loaded by the railroad without unreasonable delay and 
when loaded must be placed in the train without any unreasonable 
delay. 

RAILROAD PENS. 

Shipping yards and pens must be maintained by the various rail- 
road companies. The railroad company's pens must contain safe 
sheds for the protection of hogs at all shipping yards from which not 
less than forty cars of hogs are shipped a year and the shipping 
yards must be able to afford shelter for at least one car of hogs and 
the capacity of the shed protection must be increased so as to take 
care of one additional car of hogs for each additional forty cars 
shipped from such station yearly but in no event need the sheds be 
built to accomodate more than four cars of hogs at any one time. 
It is a misdemeanor for the railroad company to violate any of the 
above provisions and punishable by fine of not less than five dollars 
per day for every day of such failure or neglect. The State Rail- 
way Commission is empowered and it is their duty to enforce these 
provisions. A railroad company is liable to the shipper for injury 
to stock caused by these pens being defective or any other injury 
caused by failure to properly maintain these sheds in accordance 
with the above provisions. 

PRIVATE SHIPPING PENS. 
Private shipping pens are established as follows: Any shipper 
or association of shippers desiring to establish private shipping pens 
makes application to the railroad company in writing, setting forth 
the probable amount of livestock to be shipped during the next twelve 
months and giving the space desired on the company's right of way 
on which to erect sheds for temporary shelter of livestock while 
awaiting shipment. This application must specifically set forth 
the plans for said shed, their position with reference to the railroad 

15 



tracks and shipping pens, together with' any facts or arguments as, 
to why the application should be granted, and this application should 
be filed with the local agent at any station of such railroad. 

In case the application is rejected and an agreement cannot be 
reached, the applicant may present his petition to the State Railway 
Commission, reciting the facts set forth in the application and pray- 
ing for relief. The State Eailway Commission will thereupon set a 
time for hearing upon the petition, make a thorough investigation of 
the facts and conditions set forth and issue such an order as may be 
reasonable and within the powers of the Commission. Should the rail- 
road company refuse to comply with the order of the Commission 
within thirty days after its issuance, it will be liable to a fine of not 
more than one hundred dollars and for any loss sustained by livestock 
shippers because of such failure. 

However, it must be kept in mind that the railroad company is 
not liable under any of the provisions set forth, for the destruction of 
the sheds or structures, any damage thereto or destruction or damage 
to animals contained therein. The shipper assumes that risk. 

PRIVATE SIDE-TRACK. 

A shipper may have a private side-track established, equipped and 
maintained, at which to load and unload his stock if it appears to be 
reasonable and just that such side-track should be established. These 
side-tracks may be built wholly at the expense of the railroad com- 
pany; partially at their expense (according to whether or not the es- 
tablishing of such tracks would be justified by the amount of revenue 
derived from such) or wholly at the expense of the shipper. It must, 
however, appear that it would be warranted by the amount of revenue 
derived. 

Under this statute the railroad company must treat all persons 
and corporations fairly and equally and without discrimination or 
favoritism in this regard and any person who is dissatisfied with the 
amount required to be paid by him towards the construction of such 
track may bring civil action and have the issues judicially determined. 

After such determination then, should the company fail for sixty 
days to comply with the decision of the Court the person so aggrieved 
may file his petition again in the District Court of the County in 
which his industry is carried on, and deposit or enter into sufficient 
security for the payment to be made on his part toward the con- 
struction of such track, together with a statement that he is ready, 
willing and able to comply with the orders of the Court in the first 
case. Whereupon the Court shall grant any appropriate relief author- 
ized by law. 

STOCK IN PENS. 

Immediately upon the delivery of the livestock by the shipper and 
their being accepted by the railroad company the railroad company's 
liability commences. The general rule is that a common carrier is an 
insurer of the safe delivery of the livestock. The delivery to a rail- 
road company of livestock in good condition and the arrival of the 
livestock at destination in bad condition makes a prima facie case 
against the carrier. The railroad company is liable for any loss or 
injury from whatever cause arising, excepting only the act of God or 
the public enemy. By "the act of God or the public enemy" is meant 
such things as cannot be foreseen and guarded against. For instance : 
A washout is of common occurrence and should be guarded against 
and the carrier is held liable for any damages caused thereby. But in 
the case of a tornado or a stroke of lightning it is different — it would 
be impossible to guard against either of them and to hold a carrier 
liable would be an injustice. 

While the railroad company is not an insurer of the arrival of its 

16 



Great Western 

Commission Co. 



Your best interests cared for 
in every particular. Ship your 
live stock to them or send 
them your orders for feeding 
stock. They are specialists 
in both selling and buying. 



So. Omaha, Neb. Denver, Colo. 



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OMAHA, NEB. 


409 4th Street 



trains on schedule time, still in case of a material delay the company- 
must show that the delay was caused by some other than its own neg- 
ligence. 

The railroad company is not liable for damage to stock placed in 
the yards for subsequent shipment, the owner retaining the right to 
remove them before shipment and in such case the company's liability 
is that of an ordinary bailee. 

THE CONTRACT. 

Under the constitution of the state of Nebraska "The liability of 
railroad corporations as common carriers shall never be limited" and, 
hence, any attempt to do so would be unconstitutional. 

Any provision in a contract, binding upon the initial carrier, is 
binding upon its connection carriers. A railroad taking a shipment to 
be transported over its line to a certain junction and there transfer- 
red to another railroad for further transportation, .binds both itself 
and the connecting carrier and both are liable in event of damage. 

Blooded animals and valuable animals should be so stated and 
release valuation so stated. The decisions in this regard hold that a 
common carrier cannot release its liability to any amount less than the 
actual value of the stock and state that any provision in a contract 
attempting to so limit it is void — this on an intra-state ("in the 
state") shipments but hoid that on an inter-state ("from state to 
state") shipment the provision is good. Thus, a hog valued at $40.00 
is released at $10.00 in case of injury, death or damage. Now if this 
shipment moves wholly within the state of Nebraska this release is 
not good. However, if the hog is sent from Nebraska into Iowa, then 
the release holds and the shipper can recover but the released valu- 
ation — $10.00. The shipper will keep in mind, then, that any releas- 
ed value on a livestock shipment moving in this State is not good. 

If a special market is desired it should be so stated in the con- 
tract, otherwise the carrier is held to schedule — subject, of course, to- 
the eighteen hour law. 

In the event of any damage or injury to stock due to the negli- 
gence of a railroad Company or its employees the railroad company 
is liable for such injury irregardless of any provision in the contract 
to the contrary. 

A carrier is liable for damages, losses, injury or the escape of 
stock by reason of defective yards or equipment. 

As stated before the railroad company is liable for defective cars 
furnished for transportation of stock — the equipment must be safe, 
clean and any provision in the contract to the contrary is void. 

A railroad company is liable for damages by fire in straw and 
hay used for feed while on the premises of the carrier or the escape 
of the stock from the cars. 

A carrier is liable for misconduct of employees, laborers or oth- 
ers whom them employ to load unload or handle live stock, while in 
the performance of their duties. 

A carrier is not liable for damages caused by the elements, except 
as contributed to by the negligence of the carriers. For example: 
A carrier would not be liable for hogs suffering from the heat, but it 
would be were the stock to suffer to a greater extent by the failure of 
the railroad company to provide a shed so that the animals could get 
in the shade. 

Any provision limiting the time in which a claim is to be present- 
ed is void, except as provided by statute. For instance: A clause in a 
contract stipulation that the shipper loses his rights to file a claim 
after the expiration of thirty days, is utterly void and of no effect. _ 

Any provision exempting the carrier from liability in case of in- 
jury to the person or persons in charge of livestock is void and of na 
force. 

The shipper should insist on having a duplicate original of his 

17 



contract (other than the one given him which carries his transporta- 
tion permit) for his information and file. 

It has also been held that in the event of a shipper agreeing to 
personally accompany and take care of the watering of the livestock 
and is given free transportation for that purpose and supplied with 
adequate facilities, that he cannot be heard to complain at the end of 
the trip that the stock did not receive that attention, as the fault is 
his own. But should the shipper agree to furnish a caretaker and fail 
to do so and the company being aware of this failure, proceeds under 
the shipping contract, in that event the railroad company would be 
liable to the shipper for any loss resulting from such failure to prop- 
erly care and protect the stock. So is it also true that in case of no 
agreement being entered into regarding this feature, that the company 
will be liable for any want of proper care in transit and will be liable 
for any loss or damage. 

Due care must always be exercised by the railroads in transport- 
ing a shipper's stock. 

The shipper should keep the above points well in mind. Just what 
motive or reason prompts the incorporation of void provisions and 
stipulations in a live stock contract — or any other contract — when 
they certainly must be known to be utterly of no force and effect is 
an unanswerable question — unless it is the fact that it is an attempt 
to defeat the shipper of his rights in case of damage. No doubt the 
shipper, unaware of the voidness of these provisions, when brought 
face to face with them in event of damage, thinks he has defeated 
his rights of recovery by signing a contract containing such provis- 
ions and either withdraws his claim or accepts a small sum far be- 
low the amount he is entitled to in settlement — and thinks that the 
carrier has made him a gift out of the goodness of their hearts,. 
These void provisions are very unfair and their incorporation in a 
contract, when once they are tested and found void, should be unlaw- 
ful and should be punishable as a fraud committed upon the damaged 
shipper. 

STOCKMEN'S TRANSPORTATION. 

The shipper is entitled to transportation either for himself, his 
agent or employee from the point of origin of the shipment to desti-. 
nation and return to the point of origin. If more than six cars are 
shipped then the shipper is entitled to two men and should two or 
more cars be shipped in two or more different trains or in two sepa- 
rate sections of the same trains, then the shipper would be entitled 
to have a man with each such train or section in which he has a car 
of stock. 

Should the railroad company refuse transportation to the ship- 
per then it would be liable for all damages sustained, the cost of 
the^ shipper's transportation to and returning from point of desti- 
nation, together with the costs of suit and a reasonable attorney 
fee. For the second offense the statutes provide a liability of double 
the damages and cost of transportation both ways, together with 
the costs of suit and a reasonable attorney fee; and for the third 
<offense, triple damages, triple costs of transportation, together 
with the cost of suit and a reasonable attorney fee. 

CABOOSE. 

The shipper is entitled to ride in a caboose or other suitable 
car so fitted as, to be comfortable and sanitary. It must have a 
toilet room and water tank with plenty of clean water for the ac- 
commodation of the stockmen. If the train has a haul of seventy- 
five miles or more it shall be fitted with comfortable seats such as 
are used on ordinary passenger cars, adequate heat and ventilation; 
■•■a toilet room and water tank with plenty of clean water. An addi- 
tional car of similar character shall be furnished on all stock trains 

18 



for the accommodation of care takers of stock at the first" tra 
division point reached after it shall appear that fifteen or more- ca 
takers are accompanying or will accompany live stock to be trans- 
ported on such train prior to its arrival at the next train division 
point. The Nebraska State Railway Commission will see that these 
provisions are enforced. Upon arrival at stations where change of 
cars is necessary the caboose shall be stopped not more than one-half 
mile from waiting room to be provided) by the railroad company and 
it is the duty of the conductor of the train, or other employee of and 
designated by said company to show the shipper where the waiting 
room is located and instruct him to remain there until called for; 
and at the time or before time of starting of the trains carrying the 
shipper it shall be the duty of an employee of the railroad company 
to call at the waiting-room and show him to his caboose or the car in 
which he is to ride, and this car must not be placed more than one- 
half a mile from the waiting room. Should I'he above provision be 
violated the offending company shall be deemed guilty of a misde- 
meanor and upon conviction fined not less than $100, for each day's 
negligence or refusal to comply therewith. 

SPEED OF LIVE STOCK SHIPMENTS. 

Livestock must be transported at a rate of speed so that the 
time consumed in said journey from the initial point of receiving 
said stock to the point of feeding or destination, shall not exceed one 
hour for each 18 miles traveled, including the time of stops at 
stations and other points, except where the initial point is not a 
division station and on all branch lines not exceeding one hundred 
and twenty-five miles in length on which branch lines the rate of 
speed shall be such that not more than one hour shall be consumed 
in traversing each fourteen miles of distance including the time of 
stops at stations or other points, from the initial point to the division 
station or over said branches. The time consumed in picking up 
and setting out, loading and unloading stock at stations, shall not be 
included in the time required. 

Upon branch lines not exceeding 125 miles in length, where 
there is less than six cars of live stock in one consignment, the rail- 
road company may select and designate three days in each week as 
stock shipping days, and publish and make public the days so desig- 
nated and after giving ten days notice of the days so selected and 
designated shall be required upon its branch lines to conform to the- 
schedule above provided, but only upon such days. 

For failure to maintain the speed above set forth the railroad: 
company is liable to the shipper in the sum of ten dollars for each 
hour for each car over and in excess of such time, as liquidated 
damages. 

This law has been tested through the Supreme Courts of the 
State and the United States and has been declared good. 

THIRTY-SIX HOUR RELEASE. 

The Federal Laws provide that all stock must be unloaded for 
feed rest and water at the expiration of twenty-eight hours unles. c 
the shipper signs a release to the effect that they may be kept on 
board the cars for a period of not to exceed thirty-six hours. How- 
ever, no stock can be released for a longer period and at the expi- 
ration of thirty-six hours the stock must be unloaded, as above set 
forth. The time consumed in loading and unloading the stock is not 
to be counted. 

STOCK YARDS. 

Upon arriving at the 1 stock yards the stock must be handled in 
an expeditious manner. If it arrives between the hours of 6 o'clock 
A. M. and 6 o'clock P. M. it must be unloaded and yarded, when the 

19 



shipper so requests within two hours after the delivery of the cars to 
the stock yards company by the connecting railroad, except in case 
of unavoidable delay or unusual circumstances. For each half hour's 
delay in handling and unloading the stock beyond the period above 
set out the stock yard shall forfeit and pay to the shipper the sum 
of $5.00 for each car of livestock so delayed. There is a further 
provision to the effect that this money must be paid within twenty- 
four hours after unloading the stock and that payment is to be made 
by mailing a draft or certified check to the shipper, or his agent and 
in the event of collecting by law suit then an attorney's fee of five 
dollars per car shall be allowed the shipper — not to exceed $15.00 for 
any one shipment however. 

The statute's declare a stock yards company to be a common 
carrier and under the control of the State Railway Commission and 
subject to its orders. 

It is further provided that a record showing the time of delivery 
and turning over at the yard of stock to the commission firm, agent, 
or owner must be kept by every stock yard; that scale facilities suf- 
ficient to weigh all livestock without unreasonable delay must be 
furnished by such stock yards and that adequate yardage, capable 
of holding and handling all livestock must also be furnished and 
that no charge for yardage shall be made where yards are not fur- 
nished. 

An act attempting to further regulate the stock yards was passed 
in 1897 but was declared unconstitutional by the Federal Courts and 
as the chances are that the State Courts would follow the lead of that 
court, this act will not be included in this book, as it would only t'end 
to confuse. 

An erroneous impression is sometimes entertained as to the con- 
duct of business in a stock yards. It is not infrequently that the 
stock yards, the commission houses and the packers are all considered 
as being one institution. Three separate and distinct branches of busi- 
ness are found in the conduct of the livestock business. 

First. The Stock Yards company does not do a business of buy- 
ing and selling live stock. Its purpose is to furnish yards for the 
concentration and handling of live stock and its revenues are derived 
from pen rental and feed charges. 

Second. The live stock commission man is not a buyer and 
seller of cattle, hogs and sheep, but he is the agent of the producer 
and handles the stock through the yards for a commission paid by 
the seller. He is the medium between the original owner and the 
packer. 

Third. The packer does not speculate in live stock in the yards. 
He buys the live stock in the yards — takes it to the abattoir (slaugh- 
terhouses) and there proceeds by different processes to transform 
that stock into merchantable packing house products. 

However, not all of the live stock arriving in the stock yards goes 
direct to the packers. The stock yards has another market. Much 
of the stock arriving at the yards is unfit for killing. Large numbers 
of this class of stock — cattle and sheep especially — are bought by far- 
mers to be taken back to the country to be fed out and made ready 
for the slaughter house and the meat block. 

_ Nofre : Stock brought into this country from foreign countries for 
exhibition or breeding purposes and teams of immigrants are admit- 
ted free of duty. 



20 



Common Carrier Liability 

We will not take time to dwell here on the points of liability 
discussed in the previous chapter. It is well, however, to emphasize 
some further points which properly fall under this heading. 

Regarding stock in transit — A railroad company is not liable for 
damage caused by the elements, (heat, etc) ; the inherent natmre or 
propensities of the animal, except as contributed to by the negli- 
gence of the railroad. The burden of proof is on the carrier to show 
'ifiiat the loss resulted from some cause which would have exempted 
it from liability. 

GATES ETC. 

It is the duty of the carrier to keep the gates of openings closed 
on the right of way, and any damages resulting from the failure or 
neglect of the railroad to close 'tine openings shall make them liable 
for any damage caused thereby. 

STOCK KILLED ON TRACKS. 
The railroad company is liable for all livestock killed or injur- 
ed by their agents, employes or engineers or the agents, employes or 
eng'nes belonging to any other railroad running over and upon their 
tracks in the event 'ifnat both sides of their railroad track is not 
fenced. In the event that the animal is killed or injured, the owner 
should make an affidavit to that effect to any officer or agerit' of the 
company, and after thirty days' such notice in the event of the failure 
of settlement, ifne owner may bring an action to recover damages 
and the railroad company shall be liable in double the value of the 
animal injured killed or destroyed. Should the railroad company 
not object to the value of the property within ten days after the re- 
ceipt of such notice, then it shall be considered and taken as the true 
value. If the railroad company does object they should, within 
ten days, leave a written notice to that effect at the residence or 
place of business of the owner of the stock. 

ANIMAL INJURED BY RAILROAD. 

It is IJ jhe duty of the track walkers and section men of any rail- 
road company on whose tracks a domestic animal has been injured 
to care for the animal at once and to report the facts to the nearest 
station agent and the station agent must notify the Nebraska St'ate 
Humane Society. 

If the animal is injured by a train then the conductor must re- 
port the fact to the agent at' the first regularly scheduled stop and 
the agent shall notify the section boss or other men in charge of the 
section on which the animal is injured and tihey shall take care of 
the animal — the station agent also reporting the facts to the Nebraska 
State Humane Society. 

Should such animal be maimed beyond hope of recovery, t'hen it 
is the duty of the above mentioned persons to forthwith kill such 
animal. 

In the event that the animal is not killed then the agerii? shall 
give notice as quickly as possible of the condition of the animal to 
the owner or his agent, and upon receipt of such notice the owner 
of his agent shall have the animal properly cared for. But when 
immediate notice to the owner is not possible, then the station agent 
musft have the injured animal properly cared for without delay. 

It is expressly provided that any reports given as above set 
forth shall not be held to be an admission. of liability or responsibility 
on the part of the company for the injury of the animal nor shall it 
be considered a waiver or relinquishment by the owner of any right 
<or claim to damages from said company. 

21 



The penalty for violation of the above provisions is a fine of 
from five to one hundred dollars. 

LIABILITY FOR DELIVERY OF FREIGHT. 

The law states* that any railroad company receiving freight for 
transportation shall be entitled to IJ Sae same rights and be subject to 
the same liabilities as common carriers. And that whenever two or 
more railroads are connected together, the company owning either of 
said roads receiving, freight' to be transported to any place on the 
line of either of the roads so connected' shall be liable as common 
carriers for the delivery of such freight to the consignee of said 
freight, in the same order in which such freight was shipped. 

ASSENT BY OPPOSITE PARTY OF LIMIT OF LIABILITY. 

No notice, either express or implied, shall be held to limit the 
liabilities of any railroad company as common carriers, unless lJ jhey 
shall make it appear that such limitation was actually brought to the 
knowledge of the opposite party and assented to by him, or them ; in 
express "Jarms, before such limitation shall take effect. 



Freight Rates 



Freight rates are a scientific study in themselves and it is wholly 
impracticable to either incorporate them bodily in yhis volume, as 
they are constantly subject to change, nor is it practicable to give the 
rules governing their making. Thousands of experts are daily at 
work revising and correcting the rates applicable to the various com- 
modities that are constantly moving. However, the tariffs are kept 
on file at the various stations of the different railroad's and are' for 
public reference. The shipper can verify any rate quoted him by a 
local agent by reference to these tariffs. However this Association 
will gladly furnish, gratis, the current rate effective between any 
points. 

Assuming a car mixed with cattle and hogs to originate at Ben- 
ton, Nebraska, (a point eight miles east of Columbus) and destined 
to Sarpy, Nebraska, (a point eleven miles west of Omaha, Nebraska) 
the shipment moving in a standard car and 'iihe toal distance being 
72 miles. How is the rate determined? 

Primarily, stock is classed for the purpose of rate application — 
and as a car J jhat is made up of mixed stock takes the rate applicable 
u Jo the highest grade of stock in the car, the rate will be that of hogs. 

Applying the distance tariff the rate on hogs would be (assuming 
the total net weight of the stock to be 25,000) $35.05, and this would 
be the charge for the shipment* under that tariff. 

However, in no case shall the rate to any point be greater than 
the rate to a point further along the line and as the rate from Co- 
lumbus J Jo Omaha on this shipment would be $32.93, and as Benton 
and Sarpy are intermediate points this rate of $32.93 would apply. 

So it will be seen that the shipper should be so familiar with the 
various rules and regulations that he can plan and ship his stock in 
an advantageous manner. These rules and regulations are set out 
at length in a separate chapter of this book and should be carefully 
read. 



22 



Shipping Laws 

FURNISH TRANSPORTATION TO SHIPPER OF STOCK. 

That every person, company, or corporation owning, managing 
or operating a railroad in the state of Nebraska, and engaged in the 
shipment and transportation of live stock in car loads from one point 
to another point within the state of Nebraska is hereby required 
to furnish transportation y Jo the owner, his agent, or employee from 
the shipping point to the destination of such shipment as named in 
the contract or bill of lading on the same train wfjh his said live 
stock and to furnish transportation to the owner, his agent or em- 
ployee, back to the point or place from which t'he shipment was 
made without further expense to such owner, his agent or employee, 
for said transportation in shipments of one or more cars, and shall 
furnish transportation each way for two men accompanying said 
stock, in shipments of from six or more cars of live stock in a single 
train, but if the shipment is made in two or mere separate trains 
or in separate sections of the same train then one such right of 
transportation shall be given l'o such owner, his agent or employee, 
for each separate train, or for each separate section of the same 
train in which such shipment is made. Provided, that all railroad 
companies shall furnish transportation both ways "Jo the actual owner 
in charge of one carload of either horses or mixed stock. Provided 
further, that no one but the actual owner shall be given transpor- 
tation with shipment of hogs. „ 

LIABLE FOR DAMAGE FOR VIOLATION OF ACT. 

Any common carrier of live stock in carload lots refusing to 
comply with or violating the requirements of the foregoing section 
shall be liable to the shipper of such live stock for all damages sus- 
tained by reason of such refusal or violation, including the cost of 
transportation of the shipper, his agent or employee to and from 
the destination of such live stock, together with the costs of suit and 
a reasonable attorney fee to be taxed by the court trying the said 
cause, and for the second refusal to comply with or a violation of the 
said requirements, the common carrier shall be liable to the shipper 
as a penalty for such violation in a sum double the damages sus- 
tained and double the cost of such transportation together with the 
costs and reasonable attorney's fee to be taxed by the court trying 
rthe cause, and for a third refusal to comply with or a violation of 
said requirements as a penalty for such violation in triple damages, 
"Jriple costs of transportation, besides the cost including a reasonable 
attorney's fee to be taxed by the court trying the cause. 

FURNISH CABOOSE FOR USE OF SHIPPER. 

Every individual, company or corporation owning, managing, 
or operating, or who may hereafter own, manage or operate any 
railroad or part of a railroad in this state, which carries passengers, 
or whose duty it is to transport live stock as a common carrier, is 
hereby required to furnish for the use of such passenger shipper of 
livestock or to those having the right to accompany the same, a 
caboose or other suitable car for the comfortable transportation of 
such passenger or shippers of live stock and which caboose or car on 
all such trains shall be furnished with a toilet room and water tank 
with clean water for the accomodation of such passenger or shippers 
of live stock. Provided, that on and aft'er the passage and approval 
of this act, all trains having a haul of seventy-five miles or more 
shall be furnished with a car fitted with comfortable seats such as 
are used in an ordinary passenger car; provided with adequate heaft 
and ventilation; a toilet room and water tank with plenty of clean 
water. Provided further, that an additional car of similar character 



shall be furnished on all such stock trains for the accomodation of 
caretakers at the first train division point reached aftfer it shall 
appear that fifteen or more caretakers are accompanying or will 
accompany live 1 stock to be transported on such train prior to its 
arrival at the next train division point. And in each car or caboose 
used for the purpose herein provided for, such railroad company 
shall cause to be printed copies of this act and shall pos'i? the same 
in a conspicuous place in such caboose, and it shall be the duty of the 
railway commissioners to enforce the provisions herein made. It is 
further provided that when cars or cabooses on which such passen- 
gers or shippers are riding shall arrive at stations where change of 
cars is necessary it shall be stopped not more than one-half mile from 
waiting room to be provided by said company, and it shall be the 
duty of the 1 conductor of said train, or other employee of and desig- 
nated by said! company, to show said passengers where waiftng room 
is located and instruct them to remain there until called for; and at 
the time! or before the time of starting of 'iJhe trains carrying said 
passengers it shall Be the duty of an employee of the railroad com- 
pany, to call at said waiting room and show such passengers to their 
caboose 1 or car on which they are to ride. It is provided further that 
such car shall be placed within one-half mile of said waiting room. 

VIOLATION OF ACT— PENALTY. 

Any common carrier doing business in this stote and failing 
or refusing to comply with the requirements of the foregoing sec- 
tion shall be deemed guilty of a misdemeanor and upon conviction 
thereof shall be fined no"J less than $100 for each day's negligence or 
refusal to comply therewith and all moneys so collected as fines shall 
be paid into the public school funds of the State. 

SHIPPING YARDS AND PENS. 

Every railroad company operating in this state shall on. or be- 
fore January 1st, 1912, build and maintain adequate and safe sheds 
for the protection of hogs at all shipping yards from which!7£ot less 
than forty cars of hogs are shipped per annum; provided however, 
that a shipping yards from which not less than forty 
cars of hogs are shipped per annum the railroad company shall pro- 
vide ample sheds for sheltering at least one car of hogs and that the 
capacity of the shed protection herein provided for shall be in- 
creased so as to take care of one additional car of hogs with each 
additional forty cars of hogs shipped from said station per annum 
but in no event need the sheds be built to accomodate more than 
four cars of hogs at any one time. Said sheds shall be constructed 
in a safe and substantial form. 

PENALTY FOR EACH DAY'S NEGLECT. 

Any railroad company failing or neglecting to comply with the 
provisions of this Act shall be deemed guilty of a misdemeanor and 
upon conviction thereof, shall pay a fine of not less than five dollars 
per day for every day of failure or neglect to provide, at any ship- 
ping point along its line, the sheds required by this Act. 

RAILROAD COMMISSION CONTROL ENFORCEMENT OF ACT. 

It shall be the duty of the State Railway Commission to enforce 
the provisions of this Act, provided however, that upon a proper 
showing by any railroad company that it cannot comply with the 
terms of this act by January isfy 1912, the State Railway Commis- 
sion is hereby empowered to grant such extension of time as it may 
deem reasonable and just. 

24 



PRIVATE SHIPPING PENS ON RIGHT OF WAY. 

Any shipper or association of shippers of livestock within this 
state may apply to '-&ie local agent at any station of any railroad 
company for use of space upon the right of way of such railroad con- 
venient to the shipping pens of such railroad at said station or at 
any siding in said county. Said application shall be in writing and 
shall set for'i'h the probable amount of livestock to be shipped by the 
applicants from said station or siding during the next twelve months 
and the space desired by said applicants on which to erect shedis for 
temporary shelter of livestock awaiting shipment'. The application 
shall specifically set forth the plans for said sheds and their posi- 
tion with referene to the railroad company's tracks and shipping 
pens, together with any fact's or arguments why said application 
should be granted. 

PETITION TO COMMISSION FOR RIGHT TO ERECT PENS. 

In case no agreement is reached between said applicants and 
the railroad company for use of said- right of way for such purposes 
the applicants shall present their petition t'o the state railway com- 
mission reciting the facts set forth in their application and praying 
the state railway commission for relief in t'he premises. 

HEARING AND INVESTIGATION. 

It shall be the duty of the state railway commission to set a 
time for hearing upon said petition, to make a thorough investigation 
of facts and conditions set forth and issue thereupon such order 
for relief as may be reasonable and within ifae power of such com- 
mission. Provided however, that no railroad company shall be liable 
to the owner or owners of any sheds or structures erected upon the 
right of way under the provisions of this act, for the destruction of 
same or damage thereto or destruction or damage to animals con- 
tained therein, by any cause whatsoever. 

PENALTY. 

Any railroad company failing to comply with said order within 
thirty jdays thereafter shall be fined in any sum not exceeding one 
hundred dollars and be liable, in addition, for any loss sustained by 
livestock shippers because of such failure. 

SPEED OF LIVESTOCK SHIPMENTS. 

It is hereby declared and made the duty of each Corporation, 
individual or association of individuals, operating any Railroad as a 
Public Carrier of freight in the State of Nebraska, in t v ansporting 
live stock from one point to another in said state in car-load lots in 
consideration of the freight charges paid therefor, to run their train con- 
veying the same at a rate of speed so that the time consumed in said 
journey from the initial point of receiving said stock to t'he point of 
feeding or destination, shall not exceed one hour for each eighteen 
miles traveled! including the time of stops at stations or other points 
provided in cases where the initial point is not a division station 
and on all branch lines not exceeding one hundred and twenty-five 
miles in lengt'h, the rate of speed shall be such that not more than 
one hour shall be consumed in traversing each fourteen miles of the 
distance including the time at stops at stations or other points, from 
the initial pointi to first division station or over said branches. The 
time consumed in picking up and setting out, loading or unloading 
stock at stations, shall not be included in the time required, as pro- 
vided in this schedule. Provided further, t'liat upon branch lines 
not exceeding 125 miles in length live .stock of less than six cars 
in one consignment, each railroad company in this state may select 
and designate three days in each week as stock shipping days, and 

25 



publish and make public the days so designated and after giving ten 
days notice of the days so selected and designated, shall be required 
upon its branch lines to conform to the schedule in this act provided, 
only upon said days so designated as stock shipping days. 

ANNO. (A common carrier of live stock is generally an insurer of 
their safe delivery. The delivery of stock to a carrier in good 
order and their arrival at their destination in bad order, makes a 
prima facie case against the carrier. A cause for unavoidable delay 
affords no excuse for a failure to exercise that degree of care required 
of a common carrier in the transportation of stock. The carrier can- 
not relieve itself of responsibility by a written contract whereby the 
shipper agreed to accompany the stock, when the carrier with knowl- 
edge of the failure on the part of the shipper to accompany the stock 
proceeds under the shipping contract.) 

PENALTY FOR VIOLATION OF ACT. 

Any individual, corporation, or association of individuals, violat- 
ing any provisions of this act shall pay to the owner of such live- 
stock, the sum of ten dollars for each hour for each car it extends 
or prolongs the time of transportation beyond the period herein lim- 
ited as liquidated damages to be recovered in an ordinary action, as 
other debts are recovered. 

RAILROAD CARS FOR TRANSPORTING HOGS AND SHEEP 

TO BE CLEANED. 

That from and after the first day of June, A. D. 1877, it shall 
be unlawful for any railroad company operating its road in this 
state to bring or cause to be brought into this state from an adjoin' 
ing state any empty car used for transporting hogs or sheep, or any 
empty combination car used for carrying grain and stock that has 
any filth of any kind whatever in the same; but the said railroad 
company shall before it allows said car or cars to pass into this state, 
cause the same to be thoroughly cleaned and cleansed. Any person 
or persons or corporation violating any of the above provisions, and 
on conviction thereof, shall be fined in any sum not to exceed one 
hundred dollars. , 

SHEEP AND HOG CARS MUST BE CLEANED. 

No railroad company is permitted to bring or cause to be brought 
into this state any empty car used for transporting hogs and sheep 
or any empty combination car used for carrying grain and stock that 
has any filth of any kind whatever in it. The car must be thoroughly 
cleaned and cleansed before being brought in. Penalty for violation, 
a fine not to exceed one hundred dollars. 

PETITION FOR INSPECTOR OF STOCK TO BE SHIPPED. 

If your shipment is to an open market— South Omaha, Sioux 
City, Chicago, Kansas City, South St. Joseph — then the following 
laws are immaterial. 

Whenever in any county in this State one hundred or more resi- 
dents of such county who are each owners of cattle and horses shall 
petition the board of county commissioners or board of supervisors 
in counties under township organization, of their county for 't'he ap- 
pointment of an inspector of stock shipments from said county it 
shall be the duty of the said board to fix a time for hearing said 
petition and to give notice thereof by publication in a newspaper 
published in such county for two weeks immediately preceding the 
time of hearing and if upon said hearing, upon due proof, the board 
shall find 'tthat such petition is signed by one hundred or more 1 resi- 
dents of such county who are the owner of cattle and horses, it shall 
then be the duty of the board to appoint some suitable, competent 
person as such inspector for said county. 

26 



BOND AND OATH OF INSPECTOR. 

Such person shall be a resident of the county for which he shall 
be appointed. He shall before entering upon the duties of his office 
take the oath prescribed for other county officers in Section 9400, 
Cobbey's Annotated Statutes for 1907, and shall give a bond in the 
sum of one thousand dollars ($1 000.00) payable to the county in 
which he shall be t appointed, with either surety company or personal 
securities thereon, to be approved by 1'he county clerk of such county, 
which bond shall be filed and recorded in the office of such clerk. 

TERM OR OFFICE— DEPUTIES. 

The inspector appointed in any county under this Act shall 
hold his office 1 for two years from the da'^e of his appointment, and 
until his successor is duly appointed and qualified. He may appoint 
deputy inspectors to assist in the work when needed and such depu- 
ties when engaged in their duties shall have the same powers and the 
same pay as the chief inspector. 

COUNTY BOARD FILL VACANCY— ABOLISHMENT 

OF OFFICE. 

The board of county commissioners or board of supervisors in 
counties under township organization of each county where the of- 
fice of inspector of stock shipments exists shall fill by appointment 
all vacancies occurring in said office, or about to occur by reason of 
the expiration of the term of any incumbent. Provided That if a 
majority of the owners of cattle and horses in any such county pe- 
tition the board of county commissioners thereof or board of super- 
visors in counties under township organization to aboish said office, 
such board may in its discretion abolish the same, to take effect 
upon the expiration of the term of the then incumbent. 

FEES FOR INSPECTION. 

The chief inspector of stock shipments shall receive for his ser- 
vices for inspection of stock shipments, the sum of 4 cents per head 
for cattle inspected and ten cents per head for horses inspected. To 
be paid by the owner of the stock inspected. 

DUTY OF SHIPPER— FRAUDULENT SHIPMENT— PENALTY. 

It shall be the duty of every owner or shipper of horses and 
cattle in said county intending to ship horses or cattle out of said 
county to notify the inspector of stock shipments before the ship- 
ment thereof in ample time to enable said inspector to properly in- 
spect the same. Said notice shall be in writing and must state the 
time and place of proposed shipment and the probable number to be 
shipped. Any person or persons, firm, railroad or other company or 
corporation who shall ship any cattle or horses out of said county 
without first having had the same inspected! as in this Act provided 
and without having a proper certificate of such inspection or who 
shall make, forge or use any false or fraudulent certificate of in- 
spection shall be deemed guilty of a misdemeanor and shall upon 
conviction thereof be punished by a fine of not more than five hun- 
dred dollars ($500.00) or by imprisonment in the county jail not to 
exceed one year, or by bol'h fine and imprisonment in the discretion 
of the court. 

DUTY OF INSPECTOR— CERTIFICATE. 

It shall be the duty of the inspector of stock shipments either 
in person or by deputy, whenever he shall have knowledge in any 
way of the intended shipment of horses or cattle out of his county, 
to immediately repair to the proposed place of shipment and make a 
careful inspection of said horses or cattle. He shall, after having 

27 



inspected the same make ou\J a certificate of inspection, which cer- 
tificate shall be in writing and shall be executed in triplicate and 
shall contain the name of the owner or shipper of said stock, the 
number and kind, the place from where shipped and 'ifhe time thereof, 
the proposed destination of the stock, together with all marks and 
brands thereon and shall be signed by the inspector, the original of 
which he shall retain in his office. A copy of which shall be delivered 
(Jo the agent of the railroad company and! from the shipment origi- 
nated, before the shipment is made, and a copy of which shall be 
immediately delivered to the owner or shipper of said stock and when 
properly made out and signed as hereinbefore provided, shall entitle 
the owner or shipper of said stock to remove ishe same from the county 
and shall entitle any railroad company to receive the same for 
shipment out of the county. 

PEES PAID BY OWNER BELONG TO INSPECTOR. 

The owner or shipper of any horses or cattle shipped under the 
provisions of lihis Act shall pay the inspector an inspection fee of 
four cents per headj for all cattle not billed to an open market, and 
ten cents per head for all horses so inspected at the time of in- 
spection; and prior to 'itiie issuance of the certificate of inspection. 
All such fees shall be retained by the inspector or deputy inspectors 
for his or their service. 

OPEN MARKET DEFINED. 

Provided, that Chicago, Kansas City, South St. Joseph, South 
Omaha and Sioux Ci'iTy shall be classed as open markets so long 
as they maintain brand inspection under the supervision of the Ne- 
braska Stock Growers Association. 

BRAND INSPECTION NOT REQUIRED ON OPEN MARKET. 

Provided, that where cattle are shipped to an open market no 
brand inspection shall be required a lJ J point of loading, and further 
provided that where cattle are billed to an open market, it 1 shall be 
a misdemeanor and violation of this Law for the railroad company 
to allow the owner, shipper or party in charge to change billing 
without first having secured from the inspector of the county from 
which the cattle originated, or from lJ Jhe Nebraska Stock Growers 
Association inspector of South Omaha a certificate of brands. 

LIABILITY AS COMMON CARRIERS FOR DELIVERY 

OF FREIGHT. 

Any railroad company receiving freight for transportation, shall 
be entitled to the same rights and be subject to the same liabilities 
as common carriers. And whenever two or more railroads are con- 
nected together, the company owning either of said roads receiving 
freight to be transported to any place on the line of either of the 
roads so connected shall be liable as common carriers for the deliv- 
ery of such freight to the consignee of said freight in the same 
order in which such freight was shipped. 

COMPANY LIABLE FOR STOCK INJURED. 

Any railroad company hereafter running or operating its road 
in this state, and failing to fence on both sides thereof against all 
livestock running at large at all points, shall be absolutely liable to 
the owner of any live stock injured, killed, or destroyed by their 
agents, employes, or engineers, or by the agents employes, or en- 
gines belonging to any other railroad company running over and upon 
such road, or there being; Provided That! in case the railroad com- 
pany, liable under the provisions of this section shall neglect or re- 
fuse to pay the value of any property so injured or destroyed, after 
thirty days' notice in writing given, accompanied by an affidavit of 

28 



the injury or destruction of said property to any officer of the 
company, or any station agent, or ticket agent, employed in the 
management of its business in the county where the injury com- 
plained of shall have been committed, such railroad company their 
agents, and employes, shall, in an action brought to recover damages 
therefor be held, and they are hereby declared to be liable to pay 
double the value of ifne propertv so injured, killed, or destroyed as 
aforesaid; Provided further, That if the railroad company does not 
object to the value of the property so injured, or destroyed, as set 
forth in the notice aforesaid within ten days, it shall be considered 
and taken as the true value, but if the said company are dissatisfied 
with the value as set forai in said notice, they shall, within ten 
days, leave a written notice to that effect at the residence or place 
of business of the owner of the stock so injured or destroyed, and the 
value shall then be ascertained and determined in accordance with the 
provisions of Section 5 of the general herd law. (3132). 

INJURED ANIMAL REPORTED. 

Whenever any horse, cow or other domestic animal is injured by 
a train or otherwise on the righ'O of way of any railroad company 
it shall be the duty of trackwalkers and section men of said company 
to care for said animal at once and report the facts to the nearest 
station agent, who shall notify the Nebraska State Humane Society; 
in case such animal shall be injured by a i'rain it shall be the duty 
of the conductor thereof, upon arriving at the first station at which 
such train is due to stop, to notify the age\J of such station of the 
fact and such agent shall at once cause to be notified the section boss 
or other men having charge of the section upon which such animal 
is injured, whose duty it shall be to at once care for such animal r 
and said station agent so reported! to shall notify the Nebraska 
State Humane Society. If any such animal is maimed beyond hope 
of recovery it shall be the duty of said persons to forthwith kill such 
animal. When such animal is not killed, it shall be the duty of the 
agent to give immediate notice when possible, of the condition of 
such animal to the owner or his agent, whose duty it shall be forth- 
with, upon receipt of notice to have such animal properlv cared for. 
When immediate notice to 'iftie owner is not possible, it shall be the 
duty of the station agent to have the injured animal properly cared 
for without delay. 

REPORT NOT AN ADMISSION OF LIABILITY. 

No such act of said railroad company, its employees or agents^ 
or I'he owner of such injured animal shall be held to be an admission 
of liability or responsibility on the part of the said company for the 
injury of the said animal nor a waiver or relinquishment by said 
owner of any right or claim to damages from said company. 

PENALTY. 

Any person who shall violate any provision of this act shall 
upon conviction be fined in any sum noi? less than five or more than one 
hundred dollars. 

WHO DEEMED A STOCK GROWER— CATTLE DROVER. 

Every person who shall keep neaO cattle, horses, mules, sheep, or 
goats, for their growth or increase within the state, shall be deemed 
a stock grower. Any person who shall drive or bring neat cattle into 
or through this state, shall be deemed a cattle drover. 

ROUNDING UP CATTLE— TIME. 

That in any portion of the state where it is customary \Jo round 
up cattle for the purpose of branding, marketing, driving, or selling 
cattle, it shall be unlawful for any person or persons to commence 
said roundup between 't'he first day of December and the fifteenth 

29 



day of May of each year, and anyone violating the provisions of 
this act shall forfeit and pay a fine of not less than five hundred 
dollars, to be recovered before any court having jurisdiction, upon 
the information and complaint of any person. 

PENALTY FOR DRIVING OFF CATTLE OF ANOTHER. 

That any cattle drover, or his employee, who shall drive off any 
neat cattle, horses, mules, or sheep belonging to another intentionally 
or through neglect, shall on conviction thereof, by any court of com- 
petent jurisdiction, be fined in any sum not more than one hundred 
($100) dollars for each and every head of cattle, horses, muies, or 
sheep so driven off. 

BRAND PRIMA FACIE EVIDENCE OF OWNERSHIP. 

In any indictment or complaint under this act, the description 
of any kind or class of neat cattle shall be deemed sufficient if de- 
scribed as cattle; and for the purpose of this act the proof of brand 
shall be deemed to be a prima facie evidence of ownership of such 
stock. 

PENALTY FOR ALLOWING MALE ANIMAL TO RUN . 
AT LARGE— DAMAGES. 

That the owner of any stallion, jack, bull, buck or boar shall re- 
strain the same, and any person may take possession of any such 
animal running at large in the county in which such person resides, 
or in which he occupies or uses real estate, and he shall give notice 
thereof 'ifo the sheriff or any constable in the county in which such 
animal is taken, who shall give notice to the owner of such animal 
if known to him, by delivering a written notice to said owner, 
or leaving same afy his usual place of abode, giving a description 
of the animal so taken. If such owner does not appear within ten 
(10) days after such notice to claim his property and pay costs and 
damages if any, then the said sheriff or constable shall sell the 
animal so taken at public auc'j'on to the highest bidder for case, 
having given twenty days notice of the time and place of sale with 
a description of the property, by publishing the same in a newspaper 
of general circulation in the countv, or if there be no such. pai)er by 
posting such notice in three public places in the township or pre- 
cinct in which such animal was found at large, out of the proceeds 
of such sale he shall pay all costs and any damages done by such 
animal, to be ascertained and determined by him, and the said sheriff 
or constable shall pay the remainder if any, into the county treasury 
for the use of '$ie county. If legal proof be made to the county com- 
missioners! by the owner of said animal of a right thereto at any 
time within one year of the sale, the county commissioners shall 
order the proper amount to be paid to the owner by ' v jheir warrant 
drawn for that purpose. If the owner, or any person for him, 
on or before the day of sale shall pay the costs thus far made and all 
damages, to be determined by the sheriff or constable if trhe parties 
cannot agree, and made satisfactory proof of his ownership the sheriff 
or constable shall release the animal to him. Provided, that this act 
shall not be constoued as a bar to any suit for damages sustained and 
not covered by the proceeds of the sale as hereinbefore provided. 

Title is not comprehensive enough to authorize giving damages 
for castration of animals. Ives v Morris, 13 Neb. 253. 

DUTY OF DROVER TO PROTECT SETTLER FROM 
STOCK— DAMAGES. 

Any person owning or having charge of any drove of cattle, 
horses, or sheep numbering one (1) head or more than that number 
in an^ such drove of cattle, horses or sheep, and shall drive the 
same into or through any county of Nebraska of which the owner is 

30 



not a resident, or land owner, or stock grower, and when the land 
in said county is already occupied by settlers on ranches, it shall be 
the duty of said owner or person in charge of said horses, ca^Jtle, or 
sheep to prevent the same from mixing with the cattle, horses, or 
sheep belonging to actual settlers, and also to prevent said drove 
of cattle from trespassing on such land as may be t'he property of the" 
actual settler, or may be held by him under a homestead, pre-emption, 
or a leasehold right and used by him for the grazing of animals, 
growing hay or timber, or other agricultural purposes, or doing in- 
jury to the ditches made for irrigation of crops. If any owner or 
owners, or persons in charge of any such drove of cattle, horses, 
or sheep shall wilfully, carelessly, or negligently injure any resident 
within the state by driving said drove of cattle, horses, or sheep 
from the public highways and herding the same on the lands 
occupied and improved by settlers in possession of the same, it shall 
constitute a misdemeanor and shall be punished by a fine of not less 
ifaan twenty ($20) dollars and not more than one hundred ($100) 
dollars, at the discretion of the court, and render the owner or 
owners, or person in charge of the drove of cattle, horses, or sheep 
liable for such damages as may be done to the property of said settle;^ 

DAMAGES FOR DRIVING OFF STOCK OF ANOTHER. ;. 

When the stock of any person shall be driven off its range with : '- 
Nebraska against his will by the drovers of any drove, and $ie san 
shall be found among such drove, every person engaged as a drover 01 
said drove shall be liable for damages to the party injured to the 
amount of the full value of the animal for each head so driven off, 
together witSi all costs accruing in the trial of said cause, and said 
herd of stock shall be liable for the same, or a sufficient number to 
cover all damages and costs. , 

PENALTY FOR FAILURE TO SEPARATE CATTLE 
MIXED WITH DROVE. 

When the stock of any resident of the state of Nebraska shall 
either mix with any drove of any animals it shall be the duty of 
the drover or drovers, or person in charge of such drove, to ctrS 
out and separate such stock from said droves immediately. Every 
person, either owner or driver, or otherwise connected with said 
drove, who shall neglect to comply with the provisions of this sec- 
tion shall be fined in any sum not? exceeding one thousand ($1,000) 
dollars. 



31 



Herding, E^lrays, Etc. 

SKIN OF ANIMAL FOUND DEAD REMOVED BY OWNER. 

It shall be unlawful for any person other than the owner or his 
agent or employee, to skin or remove from the carcass the skin, hide, 
or pelt of any neat cattle or sheep found dead, except when such 
stock is killed by railroad trains, when the employees of such rail- 
roads may remove the hides from stock so killed. 

REWARD FOR VIOLATORS OF ACT. 

The county commissioners of the several counties may offer and 
pay rewards for the detection of those violating this act. 

STOCK LIABLE FOR DAMAGES TO CULTIVATED LANDS 

That the owners of cattle, horses, mules, swine and sheep in this 
state, shall hereafter be liable for all damages done by such stock up- 
on the cultivated lands in this state as herein provided by this act. 

(a) That all damage to property so committed by such stock 
running at large, shall be paid by the owners of said stock; and the 
person whose property is so damaged thereby, may have a lien upon 
such trespassing animals, for the full amount of damages and costs, 
and may enforce the collection of the same by the proper civil action. 

TAKER-UP NOTIFY OWNER OF DAMAGES CLAIMED— 

FORM OF NOTICE. 

(b.) That when any stock shall be found upon the cultivated 
lands of another, it shall be lawful for the owner, or person in pos- 
session of said lands, to impound said stock and if the owner of said 
s't'ock can be found, and is known to the taker-up, it shall be the duty 
of said taker-up to notify said owner by leaving a written notice 
at his usual place of residence, with some member of his family over 
the age of fourteen, or in the absence of such person, by posting a 
copy of such notice on the door of said residence, of the taking up 
of said stock describing it, and stating the -amount of damages 
claimed; also, the name of his arbitrator, and requiring him within 
forty-eight hours after receiving said notice to take the said prop- 
erty away, after making full payment of all damages and costs 
to the satisfaction of said taker-up of trespassing animal. Said 

notice may be in the following form: Mr ; you are 

hereby notified that on this day of 

19 , your stock of which I now have in my possession (here 

describe the animal or animals) — did trespass upon my land and 

damage the same to the amount of You are required to 

pay the above charges wi'ttrin forty-eight hours from the delivery 
of this notice, or the aforesaid stock will be sold as provided by law. 

I have appointed Mr to ac J J as arbitrator should you not 

feel satisfied with the amount of damages claimed in the within 
notice. Provided, That no claim for damages shall be maintained 
by the taker-up without the notice contemplated in this section shall 
have been given, when the owner is known by the taker-up of such 
stock. 

OWNER FAILING TO PAY OR ARBITRATE— STOCK SOLD. 

(c.) If the owner of said stock shall refuse, within forty-eight 
hours after having been notified in writing, to pay said damages 
claimed,- or appoint an arbitrator to represent his interests, said ani- 
mal or animals shall be sold upon execution as required by law, when 
said amount of damages and costs have been filed with any justice 
of the peace of the county within which said damages may have been 
sustained. 

32 



You are Always Right 

When You Give Your 

Live Stock Business 

to a well established reliable, re- 
sponsible and efficient Commis- 
sion Firm. You will find all of 
these, and even more than you ex- 
pect with 

Byers Bros. & Co. 

South Omaha 

We have houses at Chicago, Kansas City & St. Joe 

Millard Hotel 

Auto & Taxicab Livery 



Douglas 4966 
Stand 13th and Douglas 



Stockman's Trade a Specialty 



POLLACK'S 

Family Liquor Store 



Imported and Domestic Light Wines a Specialty. 
Rare Whiskies and Rare Brandies 
for Rare Occasions. 

Willow Springs Beer— 
"Stars and Stripes. ,, 



Henry N. Pollack 

Phone Doug. 7162 Cor. 15th & Cap. Ave. 

Stars and Stripes Buffet 

Walter Fisher, Proprietor 

Selling the Celebrated 

Wedding Bouquet 

. . . Dealers in . . . 

Whisky, Wines and Beer, 
Cigars and Tobacco 

Hot Lunch in Connection 

Stockmen's Trade a Specialty 



ARBITRATORS APPOINTED WHERE DISAGREEMENT 

AS TO DAMAGES. 

(d.) In case the parties interested cannot agree as to the 
amount of damages and costs sustained, each party may choose a 
man, and in case the two men chosen cannot agree, they shall choose 
a thirdl man, who, after being duly sworn for the purpose herein 
named, the three shall proceed J Jo assess the damages, possessing for 
that purpose the general power of arbitrators. 
AWARD OF ARBITRATORS ACTS AS A JUDGMENT— LIEN, 

(e.) The said arbitrator or arbitrators shall make an award in 
writing, which, if not paid within five days after the award has been 
made, may be filed with any justice of 'Ifne peace in the same county, 
and shall operate as a judgment, which judgment shall be a lien 
upon the stock so taken up, and execution may issue upon said stock 
for the collection of said damages and cost's, as in other cases: Pro- 
vided, That either party may have an appeal from said judgment', as 
in other cases before justices of the peace. Said arbitrators shall be 
allowed two dollars each for their services: Provided, further, That 
if, before the i'rial by said arbitrator or arbitrators, court, or jury, 
or shall affirm (offer in) writing, to confess judgment for the same, 
and if, notwithstanding the said injured person refusing said offer, 
cause the trial to proceed, he shall pay costs and necessarily J jhe 
damage awarded. 

WHEN STOCK TAKEN UP AS ESTRAY. 

(f.) In case the owner of said stock is not known or found in 
said county, as herein set forth, the taker-up of said stock so tres- 
passing upon cultivated lands, shall, in such cases, proceed as pro- 
vided by law regulating estoays, and the stock shall be held liable 
for all damages and costs. 

CULTIVATED LANDS DEFINED. 

(g.) Cultivated lands within the meaning of this act shall in- 
clude all forest trees, fruit trees and hedge-rows planted on said 
lands, also all lands surrounded by a plowed strip not less than one 
rod in width, which Svftip shall be plowed at least once a year. 

REMEDY CUMULATIVE. 

Nothing herein contained shall be so construed as to prevent any 
owner of cultivated lands, or fruit or forst trees from maintaining 
an action for all damages caused by stock which has escaped or been 
driven away from the premises of the party ~#ius damaged, against 
the owner of the stock causing such damage. 

SHEEP AND SWINE NOT TO RUN AT LARGE. 

That from and after the first day of March, A. D. 1875, sheep 
and swine shall be restrained from running at large in the state of 
Nebraska. 

SUBJECT TO LIEN FOR DAMAGE DONE. 

That all damages 'Jo property committed by such stock so run- 
ning at large, shall be paid by the owner of said stock, and the per- 
son whose property is damaged thereby, may have a lien upon said 
trespassing animal for the full amount of damages and costs, and 
enforce and collect the same by the proper civil action. 

STOCK NOT TO RUN AT LARGE AT NIGHT. 

No cattle, horses, mules, swine, or sheep, shall run at large dur- 
ing the night time; between sunset and sunrise in the state of Ne- 
braska, and the owner or owners of any such animals shall be liable 
in an action for damages done during such night time. 



DAMAGES— HOW ASSESSED AND COLLECTED. 

Damages shall be assessed and collected by notice given to own- 
ers, and arbitrators chosen, stock sold, judgment awarded; and in 
case of estrays, as provided in sections 2, 3, 4, 5, 6, 7 and 8 of this 
article. (a to g.). 

OWNER OF STOCK LIABLE FOR DAMAGE ON 
ENCLOSED LAND. 

If any domestic animal break into any enclosure the person in- 
jured thereby shall recover the amount of damage done, if it shall ap- 
pear that the fence through which said animal broke was a lawful 
fence. 

EFFECT OF TENDER MADE BY OWNER OF STOCK. 

If before trial the owner of such trespassing animals shall have 
tendered to I'he person injured an amount in lieu of damage and 
costs which may have accrued, which shall equal the amount of dam- 
age afterward awarded by the court or by the jury, or shall offer in 
writing (Jo confess judgment for the same, and if, notwithstanding, 
the said injured persons refusing said) offer, cause the trial to pro- 
ceed he shall pay costs, and recover only the damage awarded. 

LIABILITY OF PERSON GROWING CROP ON 
UNINCLOSED LAND. 

If any person sow any grain, or plant any crop, without in- 
closing the same with a sufficient fence, as above provided, he shall 
be liable for all damages that any person or persons may sustain in 
consequence of such neglect to enclose J Sne same. 

LIMITATION AS TO EXTENT OF LAW. 

This subdivision shall not extend to or in anywise affect any 
county in this state in which horses, mules, cattle, sheep, or swine 
are restrained from running at large by legislative enactment. 

WHEN AND HOW STOCK TAKEN UP. 

It shall be lawful for any person holding land in this state, by 
deed, title, bond, or lease for one or more years, and being in pos- 
session thereof to take up any estray horse, mule or ass, neat cattle, 
sheep, or swine, found within his enclosed premises at any season 
of the year; and any estray found around the premises of any lessee 
or freeholder between the twentieth day of October and the first 
day of April, may be taken up by such lessee or freeholder; and any 
horse, mule, or ass, with any portion of harness attached to them, 
and any oxen, with yoke, that are believed to have strayed away from 
their owners may be taken up by any person a J J any time. 

DESCRIPTION RECORDED AND PUBLISHED. 

It shall be the duty of any person taking up an estray animal or 
animals to send a description of the same to a justice of the peace 
in the precinct where the said estray was taken up, within forty- 
eight hours thereafter, and said justice of the peace shall record the 
same in a book kept by him for that purpose for which he shall re- 
ceive the sum of twenty-five cents. If said estray or estrays shall 
not be claimed by the owner thereof within ten days thereafter, a 
description of the same shall be sent to the county clerk by the 
parity taking up said estray, who shall immediately record the same 
in a book kept by him for that purpose, for which he shall receive 
the sum of twenty-five cents. The person taking up the estray shall, 
within twenty days thereafter, procure the publication of the de- 
scription of such animal or animals in any newspaper published 
within the county. 

* 34 



PUBLISHED FIVE WEEKS FOR THREE DOLLARS. 

The proprietor of said newspaper shall publish said description 
for at least five consecutive weeks, and shall receive therefor the sum 
of three dollars: Provided, That if two or more estrays of the same 
species shall be taken up by the same person at 'Jhe same time, they 
shall be included in the same publication; and in such case the afore- 
said publisher shall receive no more, than for one of such species, ex- 
cept, where the number so described shall exceed three, he shall re- 
ceive one dollar for each estray beyond that number included in 
such publication. 

OWNER MAY RECLAIM BEFORE SALE. 

The owner of an estray may, at any time' previous to it's sale, 
reclaim the same on proving said property by oath or otherwise, and 
paying for the advertisement, and a reasonable compensation for 
any other necessary expenses incurred by the person taking up said 
estray. 

Ed. note: To tax fees under t'his statute it must be followed 
strictly. 

ARBITRATION IN CASE OF DISAGREEMENT. 

In case the parties cannot agree upon the amount of the expenses 
incurred, they may each choose a disinterested person to act as arbitra- 
tors, and the two chosen may choose a third. The decision of the ar- 
bitrators shall be final. 

WHEN ESTRAYS BECOME PROPERTY OF TAKER-UP. 

When an estray, if it be a sheep, swine, or calf under the age 
of one year, has not been reclaimed within six months after the ad- 
vertising the same, it shall become the property of the person t'aking 
it up without further proceedings. If the estray be a horse, mule, 
ass, bull, cow or steer, over the age of two years, it must be reclaimed 
within six months from the time it was first advertised. 
If the estray is an animal over the age of one year and not over the 
age of two years, it must be reclaimed within six months from the 
time it was first advertised. If any estray included in the last two 
named classes shall not be reclaimed within the time specified re- 
spectively, the person taking up the estray shall notify a justice of 
tthe 'peace of the county wherein said e|stray was taken 
up, who shall appoint two disinterested persons, and administer to 
them an oath or affirmation to faithfully and truly appraise the same 
at its true value and make due return thereof, in writing, to said 
justice of the peace, who shall appoint a day of sale, and cause notice 
of the time and place of sale to be published a,i) least five weeks con- 
secutively before the day of sale in a newspaper printed in said 
county, and by posting up written or printed notices in three public 
places in "Sne precinct where the estray is to be sold; and in case there 
is no newspaper printed in said county, there shall be three' addi- 
tional written or printed notices posted up at the county sea J J of 
said county, and on the day appointed said estray shall be sold by 
said justice to the highest bidder in cash; and Ohe proceeds thereof 
after deducting the costs of the proceedings and the expenses of 
keeping said estray, shall be paid to the county treasurer within ten 
days aftor the sale, subject to the order of the owner, provided the 
owner of said estray shall establish his ownership to the same, to the 
satisfaction of the' county treasurer of said county within one year 
from the 1 day of sale; and if said balance is not so claimed .within 
the t'ime so specified, it shall be placed by said treasurer to the 
credit of the general school fund of said county. 

35 



PLACE OF SALE. 

The place of sale shall be be at the residence of the person 
taking jp the estray. 

MUST BRING TWO-THIRDS OF APPRAISED VALUE. 

When an estray is sold, it must bring at least two-thirds of $ie 
appraised value. In case it does not the animal shall be re-appraised, 
and again offered for sale one week after the day appointed for the 
first sale, and no advertisement .shall be necessary for the second sale. 

WHEN TAKER-UP BECOMES OWNER WITHOUT SALE. 

When the appraisers think that the animal will not bring more 
than enough to defray the necessary expenses of the sale and adver- 
tisement thereof, said sale shall be dispensed with, and the person 
who took up the animal shall, on the payment of expenses, be the 
•owner thereof. 

PROCEEDS OF SALE. 

The money received from the sale of an estray shall go into the 
eounty school fund, all expenses first' being paid. 

PENALTY FOR VIOLATION OF PRECEDING SECTION. 

Any person violating section ten (preceding section) of this 
chapter shall be liable to a fine of not less than twenty dollars nor 
more than two hundred dollars. 

ESTIMATE VALUE OF TROUBLE AND EXPENSE 
BY APPRAISERS. 
The appraisers of estrays shall estimate fthe value of the labo 1 ", 
trouble, and expense of the person in taking up and keeping an es- 
tray — taking into consideration the services rendered by the animal. 

TAKER-UP PAY FEES AND CHARGES. 

The advertisement, the appraisement, and the services of t'he jus- 
tice of the peace shall be paid by the person taking up the estray, 
and he shall receive the same, with fifty per cent additional, from the 
proceeds of ifne sale of the estray. 

Editor's Note: One taking up an estray cannot prevent owner 
from recovering property by refusing to accept compensation for 
expenses or to submit his claim to arbitration. On refusal of person 
taking up an estray to accept compensation or submit to arbitration, 
owner, on depositing compensation in court, may recover in replevin. 

APPRAISERS' FEES. 

The appraisers of estrays shall receive fifty cents each for each 
appraisement, but when more than one animal is taken up at any one 
time by one person, they shall all be appraised as one, and the ap- 
praisers shall be entitled to compensation for but one appraisement. 
The justice of the peace shall receive for his services the sum of one 
dollar and fifty cents. 

GELDING OF MALE BY TAKER-UP. 

If any horse or mule not gelded, two years old or upwards, shall 
be found running at large, it shall be lawful for any person to take 
up such horse or mule, and forthwith give notice to owner or keeper, 
if he be known to the taker-up, and if the owner or keeper 
do not appear witoin three days thereafter and pay to the said taker- 
up two dollars as compensation for his trouble, the taker-up shall 
proceed to advertise said horse or mule, and the same proceedings 
shall be had in every respect as hereinbefore provided in cases of es- 
tray horse or mules; Provided, That the taker-up may, after the ex- 
piration of twenty days from the time of advertising, geld, or pro- 
cure to be gelded, the said horse or mule, which shall be done at the 
risk and expense of the owner. 

3G 



TAKER-UP NOT LIABLE FOR LOSS BY DEATH. 

Should any animal taken up as, an estray die while in posses- 
sion of the person taking it up, he shall not be liable for the loss 
unless its death was the result of mistreatment or willful neglect. 

PITFALLS AND OLD WELLS MUST BE FILLED. 

Hereafter it shall be unlawful for the owner or holder of any 
real estate in the state of Nebraska to leave uncovered any well or 
other pitfall into which any stock may fall or receive injury, but all 
old wells no\J in use and every other pitfall shall be filled with dirt 
from the bottom to the level of the surface. Provided, That if any 
person shall make complaint to the road overseer of the road dis- 
trict in which any well or pitfall upon the land of any non-resident 
in his district is open, i J J shall be the duty of such road overseer to 
immediately cause to be filled, or if such land is not a common, se- 
curely covered, such well or pitfall and file a bill for the same with 
the County Clerk which, when approved by the County Commissioners, 
shall be filed with the Treasurer of the County and the same is here- 
by made a lien upon such real estate and the County Treasurer shall 
collect it the same as other tax is collected upon such real estate. 

ROAD OVERSEER TO SEE SAME ARE FILLED 

The road overseer shall receive two ($2.00) per day for the 
time actually engaged in enclosing or filling dangerous wells and 
pitfalls and a reasonable compensation for all material furnished. 
He shall file his claim with the County Clerk who shall present it 
to the County Board at their next meeting following. The board 
shall pass* upon it and upon their recommend the clerk shall draw 
a warrant upon the County Treasurer for the amount allowed. Said 
warrant t'o be drawn against the general fund. 

NOTICE GIVEN TO OWNER. 

Twenty days notice in writing shall be given to residents. Non- 
residents shall be notified by publication in the legal county news- 
paper. The notice shall run for three consecutive weeks. 

PENALTY FOR VIOLATION. 

Any resident free holder leaving any well or pitfall unenclosed 
or unfilled into which stock may fall shall be fined in any sum no$ 
exceeding five hundred ($500.00) dollars nor less than fifty dollars 
and liable to the owner of said stock for all damages. The same 
to be collected in any court of competent jurisdiction. 



37 



Diseased Stock and Quarantine Laws 

SECTION 1. LIVE STOCK SANITARY BOARD; VETERI- 
NARIAN. Appointment, interpretation. A board of five members 
is hereby established to be known as the Nebraska Live Stock Sani- 
tary Board. Wherever in the statutes of Nebraska shall occur the 
term "board," or any other term referring to state officials dealing 
with live stock diseases, the same shall be construed to mean the 
Nebraska Live Stock Sanitary Board, for convenience referred to 
herein as the Sanitary Board. The governor shall be state veteri- 
narian, and shall appoint five members, all duly qualified electors of 
Nebraska, to act as a state sanitary board, one member of whom 
shall be engaged in -the breeding of horses, one in the breeding of 
cattle, one in the breeding of swine, all of whom shall be actively 
engaged in breeding and maintainig of live stock; one member shall 
be a representative of the Union Stock Yards at South Omaha, and 
one shall be a licensed veterinarian who is a graduate of some regu- 
larly organized school of veterinary, medicine and surgery which 
is recognized by the Bureau of Animal Industry and who has had 
at least three years of actual practice. The members first appointed, 
shall hold office for five, four, three, two and one years respectively 
said terms of office to begin within thirty days after their appoint- 
ment. The successor of each shall be appointed for a term of five 
years. Vacancies occurring from any cause shall be filled by ap- 
pointment by the governor. Provided that the member represent- 
ing the Cattle Industry shall reside at the time of his appointment 
west of the 100th Meridian. 

SEC. 2. DUTIES, POWERS. It shall be the duty of the san- 
itary board to protect the health of live stock in Nebraska, to de- 
termine and employ the most efficient means for the prevention and 
eradication of contagious and infectious disease's of live stock, to 
exercise by authority of the state veterinarian the power of quar- 
antine when necessary, and to regulate the arrival into and de- 
parture from the state or any point therein of animals infected or 
having been exposed to infection. Provided, that this section shall 
not apply to live stock brought into Nebraska for immediate slaugh- 
ter and therefore subject to government regulation. Whenever pos- 
sible the sanitary board shall co-operate with the c United States Gov-- 
ernment in enforcing Federal regulations. 

SEC. 3. OFFICES, MEETINGS, RULES, COMPEN- 
SATION OF OFFICERS. Suitable furnished offices for use of the 
sanitary board and its employees shall be furnished in the state 
capitol building. Not to exceed four regular meetings each year 
shall be held in said offices; special meetings shall also be held when 
deemed necessary. No member of the sanitary board shall receive 
any compensation for his services on said board other than .his neces- 
sary expenses incurred in such service, said expenses to be paid from 
the state general fund. The sanitary board shall make all neces- 
sary rules to carry into effect the purposes of this act, and shall 
have said rules together with said act, printed in pamphlet form for 
free distribution. Brief press notices regarding the work of said 
board shall also be published from time to time. At the first meet- 
ing of the sanitary board the members thereof shall take the oath 
required of state officers, and shall then elect a president and sec- 
retary. 

SEC. 4. EMPLOYES. The sanitary board shall recommend 
to ifne state veterinarian a candidate for the office of deputy state 
veterinarian, the same to be licensed veterinarian who is a graduate 
of some regularly organized school of veterinary, medicine and sur- 

38 



gery which is recognized of the Bureau of Animal Industry and who 
has had three years actual practice, who shall receive such salary as 
the board deems proper, but not to exceed twenty-four hundired dollars 
together with the actual expenses incurred in the discharge of 
his duties. Before entering upon such service he shall take an oath 
for the faithful and efficient performance of all duties required of 
him by this act, and he shall give satisfactory bond to the state of 
Nebraska in ifoe sum of five thousand dollars. The state veterinarian 
shall appoint such other assistants as are necessary to carry out the s 
provisions of this act. The sanitary board may recommend candi- 
dates for such appointments. If for any reason an employe fails to 
honorably and successfully perform the duties for which engaged 
said Board may recommend such employes' immediate discharge. 

SEC. 5. DUTIES OF DEPUTY STATE VETERINARIAN— 

The duties of the deputy state veterinarian shall be as follows: 1. To 
secure accurate information regarding the existence of contagious, 
infectious and epizootic diseases of animals, and to make a scien- 
tific study of same, together with causes, preventatives, and cures 
thereof. 2. To report in plain terms at the quarterly meetings 
of ifae sanitary board the results of such study, together with in- 
formation regarding the detection of symptoms of disease, sanitary 
and other measures for preventing its spread, and the best known 
treatment and remedies for same, such information also to be given 
all other possible publicity as said Board may deem necessary. At 
said quarterly meetings shall also be reported full details of the 
work done by the state veterinarian, deputy state veterinarian and 
their employes during the preceding quarter. 3. To enforce all 
orders and rules made by the sanitary board. 

SEC. 6. DUTY OF THE PUBLIC. It shall be the duty of any 
person who believes or suspects that any animal belonging to himself 
or another is affected with a contagious or infectious disease, to im- 
mediately report such belief or suspicion to the sanitary board or to 
some representative thereof. 

SEC. 7. RIGHT OF EXAMINATION. ARRESTS. Any per- 
son owning or having charge of live stock thought to be affected with 
a contagious or infectious disease who refuses to allow examination 
of same by the state veterinarian or his authorized representative, or 
interferes with such examination, shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof, shall be fined not less than 
fifty dollars or more than two hundred dollars. In performing the 
above mentioned duties the state veterinarian or his representative 
shall have power to call for the services of any sheriff, deputy 
sheriff, or constable, such services to be paid for at usual rates. For 
the purpose of this act the state veterinarian and deputy state veteri- 
narian and authorized assistants are hereby authorized to administer 
oaths and affirmations. Any officer may arrest without a war- 
rant, take before a county magistrate and hold until a war- 
rant can be issued, any person found violating the pro- 
visions of this act. Such officers shall immmediately notify 
the county attorney of such arrest, and the latter shall legally 
prosecute the offender, who upon conviction shall be deemed guilty 
of a misdemeanor and fined not less than twenty-five dollars or more 
than five hundred dollars, or be imprisoned not less than thirty 
days or more than ninety days. 

SEC. 8. EMERGENCIES. Iu case of a serious outbreak of 
any contagious or epizootic disease among live stock in Nebraska, 
the checking of which cannot be accomplished without additional 
funds, the sanitary board shall present such fact to the governor, who 
may then authorize the incurring of a deficiency to meet the emer- 
gency. 

39 



ANIMALS EXAMINED AND APPRAISED. 

Glandered horses or mules shall not be killed as such unless 
they have been inspected by the Deputy State Veterinarian or his as- 
sistant, and are pronounced by him diseased. Whenever any such 
animal becomes affected with glanders, its cash value as the same 
would be were it nd J J thus affected, shall be fixed within twenty-four 
hours before killing by appraisers chosen in the following manner : 
One appointed by the State Veterinarian, one by the owner and the 
third by the first two. Provided, that in no case shall the appraised 
value of the glandered horse exceed two hundred ($200.00) dollars 
for animals so killed, not to exceed two-thirds of said amount as ap- 
praised shall be paid to the owner by the state. In no case shall any 
such animal be so appraised or paid for unless it be at least one 
year old!, and have been in good faith owned and kept within the state 
for one year next before the killing. The award of the apparisers 
shall be certified by the Deputy State Veterinarian to the Auditor 
of the state, who .shall draw a warrant upon the State Treasurer for 
two-thirds of the amount so appraised and certified, to be paid to 
the owner of the animal killed. 

PENALTY FOR HARBORING OR BRINGING INTO STATE. 

Any person who shall knowingly bring into the state any do- 
mestic animal which is affected with any infectious or contagious 
disease, or shall knowingly keep or harbor such animal except for 
scientific or experimental purposes shall be deemed guilty of a mis- 
demeanor, and upon conviction shall be fined! in any sum not less 
than One Hundred Dollars ($100.00), nor more than One Thousand 
Dollars ($1,000.00). 

PENALTY FOR ALLOWING TO RUN, OR SELLING OF 
DISEASED ANIMALS. 

Any person who shall have in his possession any domestic ani- 
mal affected with any contagious or infectious disease, knowing such 
animal to be so affected, or after having received notice that such an- 
imal is affected, who shall permit such animal to run at large or who 
shall keep such animal where dther domestic animals not affected or pre- 
viously exposed to such disease may be exposed to its contagion or infec- 
tion, or who shall sell, ship, drive or give away such diseased animal or 
animals, which have been exposed to such infection or contagion, or 
who shall move 1 or drive away any domestic animal in violation of any 
direction, rule or order establishing and regulating quarantine shall 
be deemed guilty of a misdemeanor, and upon conviction thereof shall 
be fined in any sum not less than fifty dollars ($50.00) nor more 
than two hundred dollars ($200.00) for each of such diseased or ex- 
posed animals which he shall permit to run at large, or keep or drive, 
trade or give away in violation of t'he provisions of this act. Pro- 
vided, That any owner of domestic animals which have been affected 
with or exposed to any contagious or infectious disease, may dispose 
of the same after having obtained from the State Veterinarian a bill 
of health for such animal. 

PENALTY FOR USING OR ALLOWING GLANDERED 
HORSES TO RUN. 

It shall not be lawful for any person to use, let, sell, or permit to 
run at large any horse, mule, or ass diseased with glanders. Any 
person violating the provisions of this section shall pay a fine of not 
less than five or more than fifty dollars^ and shall be liable for all 
damages. 

40 



ATTENTION! STOCKMEN AND FARMERS 

One Giant Pipe Pusher Free in Each County for 
Advertising Purposes 




IT PUSHES PIPE^r^:- ™ 
THRU THE EARTH2?" 



One pusher does the work of ten men. Saves fine lawns and 
draws trade. Offers enormous profits to young men in pushing pipe 
for stockmen and farmers. 

Invariably when we sell a Giant Pipe Pusher other orders fol- 
low in rapid succession. For this reason the cheapest and most 
effective way to advertise is to ship one Giant Pipe Pusher free of 
charge into each county. We mean it. Write for particulars. 

GIANT MANUFACTURING CO., Council Bluffs, Iowa 




A Harvest Scene in Clay County of the Red River Valley. 

Did it ever occur to you that Minnesota is the greatest all-around crop produc- 
ing state in the Union, and no other state can match her in stock and dairying, and 
that you can buy improved and unimproved land in Clay County, and counties ad- 
joining it at from $35.00 to $75.00 per acre, on easy terms, low rate of interest and 
perfect title? Tn a short time these prices will have doubled. We have never had 
a crop failure. Our people do not sell out to move away from the state. They sell 
because they are well enough situated financially to retire. If you ever hope to own 
a home, now is the time to start. We conduct excursions on first and third Tues- 
days of every month out of all points of Nebraska, Iowa, Illinois and Wisconsin. 
Come to our Immigration office, 612 Bee Bldg., Omaha, Neb., and we will assist 
you to procure low rates to Hawley. Clay County, Minnesota, where is located our 

Sr'^Sfefsthe Nelson Real Estate Agency, u^Ai*. Minneapolis, Minn. 



Our Motto: 

Every Man's Stuff 
Sold on it's merits 

We have no favorites 

Consign Your Shipments to 

Babcock & Son 

Live Stock Commission Merchants 

E. B. BABCOCK, S. E. BABCOCK, Cattle Salesmen 

W. H. TIMMEL, Hog Salesman 

Reference: Live Stock National Bank. 

Room 217 Exchange Bldg., Sioux City, Iowa 

Pleasures Gastronomical— 

Prices Economical 

At the BELMONT RESTAURANT 

The epicure who comes here remembers the occasion with fond 
recollections. Quick Service Food that tickles your palate and an 
attractive scale of prices is a combination that always fascinates 
our dinners. The pure food law and restaurant inspection are* a 
superfluous issue in our establishment. One meal will be enough 
to convince you # that you have found the best place in town to eat. 

C. N. BALL, Prop. 

1516 Dodge Street Open AH Night 



RECOVERY OF FINES AND FORFEITURES. 

All fines and forfeitures incurred under the provisions of this 
act shall be recovered by action before any justice of the peace, and all 
such fines shall be paid into the school fund, in and for the county 
having jurisdiction of the case. 

DEFENDANT MAY- BE COMMITTED BY JUSTICE 
UNTIL PAYMENT HAD. 

In all cases of conviction under the' prvoisions of this act, the 
justice shall enter judgment for the fine and cost's against the de- 
fendant, and may commit him uriftl the judgment is satisfied, or is- 
sue execution on the judgment for the use of the common schools of 
the county. 

PENALTY FOR BRINGING DISEASED ANIMALS INTO STATE. 

Fj shall not be lawful for the owner of any domestic animal or 
animals or any person having them in charge, knowingly to import 
or drive into this state any animal or animals having any contagious 
or infectious disease; and any person so offending shall be deemed 
guilty of a misdemeanor, and shall be punished by fine in any sum 
not less than $1 or more than $100, and be imprisoned in the county 
jail not more than three months, or both, in the discretion of the 
court. 

PENALTY FOR ALLOWING DISEASED ANIMALS TO RUN. 

Any person being the owner of any domestic animal or 
animals, or having the same in charge who shall turn out, or suffer 
any such domestic animal or animals having any contagious or infec- 
ious disease, knowing the same to be so diseased, to run at large upon 
the unenclosed land, common, or highway or shall let the same ap- 
proach within twenty rods of any highway, or shall sell or dispose of 
any domestic animal or animals, knowing the same to be so diseased, 
without fully disclosing the fact to the purchaser shall be deemed 
guilty of a misdemeanor, and shall be punished by a fine in any 
sum not exceeding five hundred dollars, and imprisoned in t'he county 
jail not less than six months. 

ACT CUMULATIVE AND DOES NOT PREVENT DAMAGE SUIT. 

Nothing in this act shall be so construed as to prevent the re- 
covery of damages in a civil action against any person or persons who 
shall sell, trade, or import, or drive into t'his state such diseased 
animal or animals, or who shall allow such domestic animal or ani- 
mals to run at large, or to approach nearer than twenty rods of any 
highway, 

VIOLATER OF ACT ALSO LIABLE IN DAMAGE. 

Any person violating any of the provisions of this act in addi- 
tion to the penalties herein provided, shall be liable for all damages 
that may accrue to the party damaged by reason of said diseased ani- 
mal or animals imparting disease. 

OWNER MUST BURN DISEASED STOCK. 

The owner of any swine which die from disease or sickness shall 
have the carcass of the same completely burned on the premises where 
the animal died within forty-eight' hours after death. Any person 
violating this Section shall be guilty of a misdemeanor and upon con- 
viction thereof be fined in any sum not to exceed ten ($10.00) dollars. 

ROAD OVERSEER SEE THAT ACT IS ENFORCED. 

It is hereby made the duty of the road overseer in each road 
district to enforce the provisions of this AdJ by filing complaint 
against the person so offending with the nearest justice of the peace 

41 



or with the county judge upon knowledge of any violation of this Act.. 
Road overseers shall be allowed for the actual and necessary time 
required for i)he enforcement of this Act the same pay as when en- 
gaged in their other duties. A failure or neglect to file such com- 
plaint within three days after notice or knowledge of the same shall 
disqualify the person so failing or neglecting from holding any 
county, township or precinct office in said county for t'he period of 
two years from such failure or neglect. Proof of such failure or 
neglect may be made on complaint of any citizen before the county 
judge of the county wherein the failure or neglect is alleged to have 
occurred. 

HAULING OFF ON HIGHWAY PROHIBITED. 

If any person shall remove, or convey along any public highway, 
road, alley or street' the carcass of any swine that has died from sick- 
ness or disease, shall be guilty of a misdemeanor and upon conviction 
thereof shall be fined not less than Twenty-five ($25.00) dollars, or 
more than One Hundred ($100.00) dollars, or be imprisoned in the 
county jail not exceeding three months. 

MANUFACTURERS FORBIDDEN TO USE. 

If any person or company engaged in the business of manufac- 
turing soap, or rendering lard or oil, shall receive, or have in their 
possession t'he carcass of any swine which has died from sickness or 
disease shall be guilty of a misdemeanor and upon conviction shall 
be fined not less than Twenty-five ($25.00) dollars, or more than 
Three Hundred- ($300.00) dollars or be confined in the county jail 
not to exceed three months. 

SHEEP INSPECTOR— APPOINTED BY COUNTY BOARD. 

Whenever, in any county in this state, a majority of the sheep 
owners therein shall petition the board of county commissioners of 
their county, for the appointment of a sheep inspector, recommended 
by a majority of petitioners in such county it shall be the duty of 
the said board of county commissioners to appoint some suitable, com- 
petent person sheep inspector in and for said county. 

WHO ELIGIBLE— BOND AN OATH OF. 

Such person shall be a resident of the county for which he shall be 
appointed. He shall, before entering upon the dut'ies of his office, 
take the oath prescribed for other county officers, in chapter ten, 
compiled Statutes of the State of Nebraska (9400), and shall give a 
bond in the sum of one thousand dollars payable "Do the county in 
which he shall be appointed, with two sureties to be approved by the 
county clerk of such county, which bond shall be filed and recorded 
in the office of such clerk. 

TERM OF OFFICE. 

Every inspector shall hold his office for two years from the date 
of his appointment, and until his successor is duly appointed and 
qualified. 

VACANCY FILLED BY COUNTY BOARD. 

The board of county commissioners of each county where the of- 
fice of sheep inspector exists, shall by appointment fill all vacancies 
occurring in said office, or about to occur by reason of the expiration 
of the term of any incumbent; Provided, That if a majority of the 
sheep owners of any such county shall petition the board of county 
commissioners thereof to abolish said office" such board may in its dis- 
cretion abolish the same, to take effect upon the expiration of the term 
of the then incumbent. 

42 



POWERS AND DUTIES WITH INFECTED FLOCKS. 

Every sheep inspector upon inspecting any flock of sheep and 
finding the same or any part thereof infected- with what is commonly 
called the "scab" or any o't'her contagious disease, shall, in the man- 
ner hereinafter prescribed, have the power to define, limit and re- 
strict the range and feeding grounds of such sheep for such time 
and in such manner as to him may seem necessary to protect all 
neighboring flocks from becoming likewise infected, and notify the 
owners or agent of i'he diseased flock; then he shall, within ten days 
from the day of inspection, commence the curing of same, and it shall 
be the duty of the inspector to inspect said flock every twenty days 
until the flock is found cured, for which he shall receive the same 
compensation as provided in section 12 (3210) and all persons who 
may be selected arbitrators under this act shall, in conjunction with 
such inspector, have like power. 

INSPECTION RECORD KEPT BY. 

Every inspector shall keep a book, to be known as "Inspection 
Record," in which he shall enter and record all his official acts and 
proceedings. Such record shall particularly show the name of 
t'he owner of every flock of sheep inspected, when the same was in- 
spected, the result of such inspection, and all orders and directions 
made in relation thereto. 

WHEN MAKE ANNUAL INSPECTION. 
It shall be the duty of every sheep inspector, between the 15th day 
of May and the 15 J jh day of August in each year to make a careful 
inspection, to be known as the annual inspection, of every flock of 
sheep kept in his county, and determine whether or not such sheep 
are free from scab and other contagious disease. 

INSPECT FLOCK ON COMPLAINT. 

It shall further be the duty of every inspector, upon information 
and complaint made in writing before any justice of the peace and 
filed with the inspector, setting forth that any flock of sheep, describ- 
ing ils within the jurisdiction of such inspector, has the scab or any 
contagious disease, to forthwith inspect such flock as to the truth of 
such complaint; and if upon inspection it shall be found such flock 
is inflicted with a contagious disease, the owner shall pay t'he expense 
of such inspection, otherwise the person lodging the complaint shall 
pay such costs, and shall be liable in a civil action therefor. 

INSPECT FLOCK SHIPPED IN FROM OTHER STATE.' 

Upon the arrival of any flock of sheep in any county in this 
sta'te in which there is a sheep inspector, it shall be the duty of the 
inspector in such county, having knowledge of such arrival to forth- 
with inspect such flock as to whether or not it is free from scab, 
or other contagious disease; Provided, If the owner of such flock or 
his agent shall, immediately upon such arrival, report' the same to the 
sheep inspector, and at t'he same time exhibit to such inspector the 
certificate of any duly appointed and qualified sheep inspector in 
J Jhe state that such flock has been by him duly inspected within one 
month of such arrival and found free from every contagious disease, 
then such inspection shall not be necessary. 

QUESTIONS ASKED BY INSPECTOR. 

Upon inspecting any flock of sheep it shall be the duty of the 
inspector to require the owner of such flock or in his (the) absence 
of his agent, true answers to the following questions : First. The name 
of the owner of such flock, his earmark and brand. Second. The 
increase of such flock by purchase or trade since the last inspection. 

43 



Third. From whom such increase has been received. Fourth. From 
what county and state such increase came. Fifth. Whether or not 
any part of them was, at the time inspected (infected) with the scab 
or any contagious disease, and, if so, what disease. Such owner or 
agent, as the case may be, shall make true answers to all 
such questions, and subscribe the same and make oath there- 
to, all of which shall be entered in the inspector's record. 
The inspector shall have power and is hereby authorised to 
administer an oath. 

POWERS AND DUTIES ON INSPECTION OF INFECTED 

FLOCKS. 

If upon the inspection of any flock of sheep the inspector shall 
find the same or any part thereof infected with the scab or any con- 
tagious disease, it shall be his duty at once to define, limit, and re- 
strict the range and feeding grounds of such flock, as authorised in 
section 5 (3203) of this aciJ. The inspector shall, at the time of 
making any order or direction authorized by this act, enter the same, 
in full in his inspection record, and shall at once make out in writing 
a true copy thereof, and deliver the same to the owner interested, or 
in his absence to his agent in charge of such flock of sheep, and the 
owner of said sheep and all persons under him shall fully comply 
with the terms of the copy so served; Provided, If the owner of such 
sheep, or the person so served with such copy, shall consider the terms 
thereof unreasonable, he may, within twenty-four hours after receiving 
the same, so notify the inspector in writing, naming therein some 
disinterested person being the owner of one hundred sheep or more, 
arbitrator, to act in review on all matters contained in such order 
and copy, which person, wit'h the inspector, shall without delay select 
some other like person, and the two thus chosen with the inspector 
shall forthwith make such orders and directions authorized in section 
five (3203) of this act, as to them may seem reasonable and just, and 
iikeir action in the premises shall be final. Every order and direction 
shall be entered in full on the inspector's record, and be signed by the 
arbitrators and inspector making the same, and a true copy thereof ser- 
ved without delay on the owner interested or his agent in charge. 

FEES OF INSPECTOR AND ARBITRATORS— HOW PAID. 

The inspector and arbitrators shall receive for their service's the 
following fees and no more, which shall be paid by the owner of the 
flock inspected, except as otherwise provided in this act: The inspector 
shall receive for each flock inspected at each annual inspection the 
sum of one dollar, and in addition thereto the sum of ten cents for 
every hundred sheep inspected, or fractional part thereof, to be paid 
by the owner of the flock inspected. For every other inspection the 
sum of three dollars per day for each day necessarily employed in such 
duty. Each arbitrator shall receive three dollars per day for each 
day necessarily employed in their duties. 

PENALTY FOR FAILURE TO COMPLY WITH INSPECTOR'S 

DIRECTIONS. 

Any person who shall fail to comply with or disregard any order 
or directions made by the inspector and arbitrators, under the pro- 
visions of this act, shall upon conviction be fined in any sum not less 
than one hundred dollars. 

OWNER LIABLE FOR DAMAGES TO OTHER FLOCKS AND 

HERDS. 

Any person or persons owning or keeping any flock or herd of 

sheep, any portion of which flock or herd is diseased wfjh the scab 

or other contagious disease, shall be liable to any person damaged 

thereby in double the amount of damage such person may sustain by 

44 



reason of such flock or herd or any part thereof being moved or al- 
lowed to stray from the premises of the owner of such flock. 

CARE OF DISEASED SHEEP— FINE. 

It shall be unlawful for any person or persons having a flock or 
herd of sheep, any portion of which is infected wi u Jh the scab or any 
infectious or contagious disease, to allow such flock or herd or any 
part thereof to stray or be driven upon * the grounds of another with- 
out the consent of the occupant thereof in writing, or to allow any 
such flock or any part thereof to come in contact, off his premises, 
with the sheep of any other person. Every person so offending shall be 
fined in any sum not less than five dollars nor more than one hundred- 
dollars. 

BRINGING INTO STATE OF DISEASED SHEEP. 
It shall be unlawful for any person or persons to bring into this 
state from without the state any sheep infected with the scab or any 
contagious disease. Every person so offending shall upon convic- 
tion thereof be fined in any sum not less than fifty dollars nor more 
than one hundred dollars, or imprisoned in the county jail not less 
than one month or more than three months, or both at the discretion 
of the court. 

BRANDS AND EAR-MARKS RECORDED IN OFFICE OF 

COUNTY CLERK. 

Every person or persons being the owner of any sheep shall 
cause such sheep, and all of them six months old and upwards, to 
be suitably branded and ear-marked, which brand and ear-mark 
shall be made of record in the office of the ocunty clerk of the 
county in which such sheep are kept. Every person failing to com- 
ply with the provisions of this section shall, upon convidJion thereof,- 
be fined in any sum not less than five nor more than fifty dollars. 

NO PROPERTY EXEMPT FROM SALE. 

No property shall be exempt from sale under execution issued 
upon any judgment obtained under any of the provisions of this act. 
OWNERS OF DOGS LIABLE FOR DAMAGES DONE. 

Thai* dogs are hereby declared to be personal property for all 
intents and purpos°es and the owner or owners of any dog or dogs 
shall be liable for any and all damages that may accrue to any per- 
son, firm, or corporation by reason of such dog or dogs killing, 
wounding, worrying or chasing any sheep or other domestic animals 
belonging to such person, firm or corporation and such damage 
be recovered from any court having jurisdiction of the amount 
claimed. 

PERSONS JOINTLY AND SEVERALLY LIABLE— WHEN 

If two or more dogs owned by different persons shall kill, wound, 
chase or worry any sheep or o u jher domestic animal, such persons 
shall be jointly and severally liable for all damages .done by such dogs. 

RIGHT TO KILL DOGS— WHEN. 

Any person shall have the right to kill any dog found doing any 
damage aforesaid to any sheep or domestic animal, or shall have 
just and reasonable ground to believe that such dog has been killing, 
wounding, chasing or worrying such sheep or animal, and no action 
shall be maintained for such killing. 

TO PREVENT THE SPREAD OF DISEASE AMONG SHEEP. 

Any person being the owner of sheep or having the same in 
charge, who shall turn out, or suffer any sheep having any conta- 
gious disease, knowing the same to be so diseased, to run at large upon 
any common highway, or enclosed ground, or who shall sell any such 

45 



sheep, knowing the same to be diseased, without fully disclosing the 
fact to the purchaser, shall be punished by a fine of not less^ than 
twenty dollars and not more than one hundred dollars, and be im- 
prisoned in the jail of the county not exceeding three months, in the 
discretion of the court; provided however, this section shall not be 
so costrued as to prevent any person from owning such diseased 
from driving them along any public highway. 

SELLING OR ALLOWING DISEASED ANIMALS TO RUN 

AT LARGE. 

It shall be unlawful for any person to sell, barter or dis- 
pose of, or permit to run at large, any horses, cattle, sheep, or domes- 
tic animal, knowing that such horse, cattle, sheep, or domestic animals 
are infected with contagious or infectious disease, or have been re- 
cently exposed thereto, unless he shall first duly inform person to 
whom he may sell, barter or dispose of such horse, cattle, sheep 
or other domestic animal, of the same; and any person so offending 
shall be fined in any sum not less than twenty dollars nor more than 
one hudred dollars, . or be confined in the jail of the 1 county not ex- 
ceeding three months. 

ALLOWING DISEASED ANIMALS TO COME IN CONTACT 

WITH OTHERS. 

If any person, being the owner or having charge of any 
liorse, cattle, sheep, or any kind of stock knowing the same to be 
infected with contagious or infectious disease, shall knowingly per- 
mit it to come in contact with any other person's horses or stock, 
without such person's knowledge or permission, such person shall be 
fined in any sum not less than fifty nor more than five hundred dol- 
lars, or be confined in the jail of the county not less than ten nor 
more than fifty days. 

HOG CHOLERA— CARCASSES NOT SOLD. 

If any person owning, or assuming to own or control swine 1 , 
any of which have died from disease or sickness or shall dispose of 
the carcasses of said animals for any purpose whatever; or shall 
render into lard or oil, the said carcasses; or if any person who shall 
buy or receive the carcasses of said dead animals, shall be guilty of 
a misdemeanor, and upon conviction thereof shall be fined in any sum 
not less ilhan Twenty-five ($25.00) Dollars or more than One Hun- 
dred ($100.00) dollars, or be imprisoned in the county jail not to ex- 
ceed three months. 

DISEASED CATTLE NOT TO RUN AT LARGE— PENALTY. 

That every person shall so restrain his diseased or distempered 
cattle, or such as are under his care, that they may not go at' large; 
and no person or persons shall drive any diseased or distempered 
cattle, affected with any contagious or infectious disease, into or 
through this state or from one point thereof to another. Any person 
or persons offending against this section shall, on conviction thereof 
before any justice of the peace, forfeit not less than five nor more 
than twenty-five dollars for every head of such catt'le, and be liable 
for all costs and damages. 

JUSTICE OF THE PEACE IMPOUND DISEASED CATTLE. 

Any justice of the peace, upon proof before him that any cattle 
are going at large or are driven in or through his county, in vioation ' 
of the proceding section, shall order a constable or sheriff to impound 
them, and the owner thereof shall be held liable for all costs and 
damages. 

46 



SHERIFF OR CONSTABLE EXECUTE ORDER OF JUSTICE— 

FEE— PENALTY. 

The sheriff or constable who may execute the order of any jus- 
tice of the peace as aforesaid, to impound any such cattle, shall have 
twenty-five cents per head for J Jhe first fifty and five cents for each 
additional head to be paid by the defendant upon conviction thereof, 
but in case the defendant be discharged, then said costs to be paid by 
the complainant'; and if any officer to whom any order under this law 
is directed shall fail to execute, he shall forfeit in case of a failure a 
sum not less than one hundred dollars. 

HOG CHOLERA SERUM PLANT. 

There shall be established by the board of regents of the State 
University a plant for the production and preparation of the hog^ 
cholera serum discovered by the Biochemic Division of the Bureau 
of Animal Industry, Washington, D. C. Said plant shall be under 
the regulation and control of the board of regents of the Nebraska 
State University. 

DEPARTMENT OF ANIMAL PATHOLOGY— CONDUCT. 

The Department of Animal Pathology of the State University 
shall carry on the production and preparation of said serum under 
the provisions of this act and shall deliver to t'he Nebraska State 
Veterinarian, or his authorized deputies, said serum at the actual 
cost of production for so much as said serum shall be used and ap- 
plied under the direct supervision of the State Veterinarian or his 
Deputies. Said Department shall also distribute said serum to farm- 
ers and swine growers, residents of Nebraska, at the actual cost of 
its production. 

APPROPRIATION FOR. 

There is hereby appropriated out of any money in the general 
fund not otherwise appropriated, the following sum for the purpose 
of carrying out this act: For buildings, plant and equipment, ex- 
penses of operating and maintenance, and all ol'her expenses in- 
curred in the necessary scientific distribution and application of 
serum by this Department of the State Veterinarian or his deputies 
$15,000.00. 

RECEIPTS FROM SALE OF SERUM. 

All moneys collected from t'he sale of said serums as provided 
for in Section 2 of this Act, shall be paid into the operation and 
maintenance fund, and the same is hereby appropriated for the con- 
tinuing operation of the plant, 
t 
MANUFACTURE OF SERUM AFTER MONEY EXHAUSTED. 

Production and preparation of said Hog-cholera serum may be 

carried on after the exhaustion of the appropriation made herein, 

to meet any furthed demands, provided said serum is then sold at 
the full cost of its production. 



4"i 



Brands 

BRANDING STOCK. 

Any person or persons having cattle, hogs, sheep, horses mules or 
asses, shall have t*he right to adopt a brand or mark, for the use 
of which he shall have the exclusive right in this state, after re- 
cording such brand or mark as hereinafter provided. 

RECORDING— FEES. 

The Secretary of State shall, as soon as practicable after the 
passage of this act, procure a suitable book, or books, in which all 
brands and marks shall be recorded. Each person desiring a brand, 
or mark, recorded as hereinafter provided, shall pay into the office 
of Secretary of State, a fee of $1.50, for recording such brand or 
mark. And every five years thereafter, the owner of any recorded 
brand, or mark, shall pay to the Secretary of State the sum of 50 
cents, for the re-recording of such brand or mark: Provided, that all 
brands and marks prior to July 1, 1906, must be re-recorded before 
January 1, 1908. 

BRANDS RE-RECORDED EVERY FIVE YEARS. 

The Secretary of State shall notify the owner of any recorded 
brand by letter on or before September 1, 1907, and on or before 
September 1, every five years thereafter of the time for recording 
his brand and any brand, or mark, the owner of which who fails 
to have same re-recorded) as above provided becomes cancelled and 
may be used by another. Such fees shall, by said Secretary of 
Stote, be turned over to the State Treasurer for use in the general 
fund, and by said treasurer be receipted for. 

BRANDS MUST NOT BE DUPLICATED. 

No person shall have or adopt a brand or mark previously re- 
corded under this act to any other person if used on the same side; 
neither shall the secretary of state record the same brand or mark 
to more than one person, unless for opposite side. 

BRANDS IN ACTUAL USE FILED WITH 
SECRETARY OF STATE. 

Any person desiring to use any brand or mark shall make and 
sign a certificate setting forth a facsimile and description of the 
brand and mark which he desires to use or to which shall be' at- 
tached a certified copy of the record of such brand and mark from 
any county in which the same shall have been recorded, if so re- 
corded, and showing the date of such record, and shall file t'he same 
for record in the office of the Secretary of State; Provided, That no 
brand shall be filed or registered unless the same is in actual use. 

DECIDE ON BRANDS OFFERED FOR RECORD. 

The authority of deciding whether a brand or mark offered for 
record does or does not conflict wit'h any previously recorded brand 
or mark shall be vested in the secretary of state. All brands offered 
for record shall be submitted before acceptance to said secretary of 
state; Provided, That no brand described as being on either side of 
t'he animal shall be accepted or recorded; Provided, further, That a 
brand described as being on both sides may be accepted. It shall be 
the duty of the secretary of state to file all brands offered for record 
pending the examination, which he shall cause to be made 1 as promptly 
as possible; and if the brand is accepted ifae ownership shall date 
from the date of filing. 

48 



IF TWO BRANDS ARE SIMILAR, LAST ONE RECORDED 

ILLEGAL. 

The secretary of state shall examine any evidence of brands or 
marks, or records thereof, which may heretofore have been made in 
the office of any register of deeds of this state, and any other evi- 
dence of such marks or brands which may be presented by t'he owner, 
and in any case, where a brand or mark is found which conflicts with 
one previously recorded, or which might in its use endanger the 
property of the party owning the brand or mark earliest of record, 
it shall be the duty of the secretary of st'ate to notify the party own- 
ing said brand last of record that the further use of same shall be 
illegal to the same extent as though it had never been recorded, un- 
less previously agreed upon by owner of such brands or marks and a 
joint statement be presented to the secretary of state by such brand 
owners. This said notice shall be given by letter. It is expressly 
provided that this enactment shall not in any way affect' or invali- 
date the ownership of animals which were branded with said brand 
then registered previous to such examination and rejection, the ob- 
ject of t'his act being to make illegal and enjoin from the further 
use of said brand. 

BROUGHT IN FOR GRAZING, BEAR DISTINGUISHING BRAND 

It shall be the duty of any person who, after the passage of this 
act, brings into any county of this state and turns loose for grazing 
purposes any herd brand or individual animals already branded, to 
lay before the secretary of the state a statement of the brands of 
said animals, and if said brands conflict with any previously re- 
corded it shall be the duty of this owner or manager of said animals 
to brand them with a brand that the secretary of state shall con- 
sider a full and distinguished mark from all brands there recorded, 
but the owner shall be enjoined from further use of the conflicting 
brand. A failure to comply with the provisions of this section shall 
render the party so failing liable for all damages resulting from such 
failure, which damages may be recovered in a civil suit. It is further 
provided t'hat this section shall apply to all animals now in any 
county in this state whose brands are considered by said secretary 
of state to infringe on previously recorded ones. 

BRANDS TO BE REJECTED. 

In deciding as to the conflict of brands, the Secretary of State 
shall reject any that, being the same as one previously recorded, has 
in addition, any of the following, whether placed across, above, below 
at either side, or encircling the main brand, viz: A straight bai\ a 
quarter, half or entire circle, a quarter, half ot entire diamond, either 
upright or inverted, the same not constituting a true brand and 
rendering the owner of the same brand liable to damages by its use, 
saving only when one or more of these shall be filed by the owner of 
the first record of the main brand in which case it may be accepted 
The secretary of state shall reject any brand formed by repetition 
of any letter, number or figure which shall have been previously re- 
corded, if on the same side of the animals, the exclusive right of the 
first record to the letter, number or figure, and to repetition of it, 
being re-affirmed. He shall also reject all brands, known as solid brands. 
and all ear marks which shall remove to exceed one-half of the ear. A 
variation in the size of a letter, number, or figure shall not constitute 
a new brand and shall be rejected. A combination of letters, num- 
bers, or figures may be permitted though the same letters, numbers or 
figures may have been recorded, single or together, if in the judgment 
of the secretary of state said combination is so different from any 
previous record as to constitute a new brand with no danger of in- 
fringement. 

4D 



BRAND PRIMA FACIE EVIDENCE OF OWNERSHIP. 

In all suits at law or in equity, or in any criminal proceedings, 
where the ownership of any cattle, horses, mules or swine is involved 
the brand upon any animal, above named, shall be prima facie evi- 
dence of ownership of the person whose brand i J J may be; Provided, 
That such brand has been duly recorded as provided by law. Proof 
of the right of any person to use such brand shall be made by a copy 
of the record of the same, certified, in case of the registry of such 
mark or brand under the law in force prior to March 29th, 1901, by 
the register of deeds of the county in which said mark or brand has 
been recorded under t'he hand and seal of the office of the said reg- 
ister, and in case of the registry of such mark or brand under the 
act of March 29th, 1901, by the register of deeds of the county in 
which said mark or brand has been recorded under the hand and seal 
of the office of the said register, and in case of the registry of such 
mark or brand under the act of March 29th, 1901, by the Secretary of 
State under the hand and seal of his office; Provided, further, That 
any owner or owners of any brand or brands, mark or marks may sell 
and transfer t'he same by an instrument in writing which sale and 
transfer shall not become effective until said instrument shall be re- 
corded in the manner required by law for the recording of marks and 
brands and for which recording a like fee shall be charged which fee 
shall be disposed of and accounted for in the same manner as fees 
for recording marks and brands. 

PENALTY FOR VIOLATION. 

Any person or persons who shall violate or fail to obey the' pro- 
visions of this act, or shall continue the use of a brand or mark after 
the same has been rejected by said Secretary of Stat'e' or shall con- 
tinue to use any brand or mark after /the said Secretary of State shall 
have decided that the same conflicts with a previously recorded brand 
or mark, shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof in any court of competent jurisdiction shall be pun- 
ished by a fine of not exceeding one thousand ($1,000.00) dollars or 
by imprisonment in the county jail for a term not exceeding one 
year, or by both such fine and imprisonment, in the discretion of the 
court. 

DOES NOT IMPAIR RIGHTS OF OWNERS. 

Nothing in this act contained shall be construed to in any man- 
ner impair the property rights of owners of live stock in the state 
under the laws heretofore in force. 

BUTCHER TO RECORD MARKS AND BRANDS. 

Any person now engaged or who may hereafter engage in the 
business of a butcher in the state of Nebraska shall keep a record of 
all branded beef animals he may slaughter, give age, sex, marks, and 
brands, of whom purchased and date of said purchase, which record 
shall at all times be open for public inspection alt his place of busi- 
ness. 

EXHIBIT HIDES. 

It shall be unlawful for any person or persons who occasionally 
slaughter cattle or beef to offer forsale said beef without exhibiting 
the hide or hides of such beef at the time and place said beef is of- 
fered for sale. And it is provided, further, that the brands on the hide 
so exhibited must not be changed, mutilated or destroyed. 

KEEP HIDES FOR AT LEAST THREE DAYS. 
All persons other than butchers, who occasionally slaughter cattle 1 
or beef, for home consumption, shall keep the hide or hides of such 
animalsso slaughtered for a period of not less tfaan three 1 days, sub- 
ject to inspection by any person or persons. 

50 



KEEP RECORD OF BRANDED HIDES BOUGHT. 

All purchasers of hides shall keep a record of all hides of neat 
cattle purchased by them, which record shall state the name or names 
of the person or persons from whom purchased, their place of residence, 
the date of purchase and all marks and brands on said hides, which 
shall at all times be open for t'he inspection of stock growers, their 
agents, and employes. Provided, that the provision of this section 
shall only apply to branded hides. 

PENALTY. 

Any person who shall wilfully violate the provisions of this act 
or wilfully neglect or refuse to do any act herein required shall be 
guilty of a misdemeanor and on conviction shall be punished by im- 
prisonment' in the county jail for a period not exceeding three months 
or pay a fine not exceeding one hundred dollars. 

ALTERING EAR MARK, OR BRAND. 

If any person shall wilfully and maliciously alter or deface any 
artificial ear mark or brand, upon any horse, mare, foal, filly, mule 
or ass, sheep, goat, or swine, cow, ox, steer, bull, or heifer the property 
of another, every person so offending shall be fined in any sum not ex- 
ceeding fifty dollars, and be liable in treble damages to the party in- 
jured. 

Stallion Laws 

SECTION 1. STALLIONS, JACKS, BULLS, LIEN FOR 
SERVICE. Every owner, lessee, agent or manager of any stallion, 
jack or bull shall be entitled to and have a lien upon any mare and 
her colt or upon any cow and her calf served by any such stallion, 
jack or bull for the full amount of the reasonable or agreed value or 
price of such service. Every such owner, lessee, agent or manager of 
such stallion, jack or bull desiring to perfect a lien upon any mare and 
her colt or upon any cow and her calf shall at any time after breeding 
any such animal to any such male file with the County Clerk of the 
county a verified notice of lien describing such animal with reason- 
able certainly, giving the name of the owner and his place of resi- 
dence if known, and the name and residence of the person having the 
possession of such animal, the location of such animal, the terms 
of payment for such service, the amount thereof, the name of the 
male, the date of the service, and Ohe time or event when the same 
shall become due and payable, and such other matters as to make 
the same more certain. Thereafter such lienor shall have a first lien 
upon such animal or animals described therein, and their offspring as 
soon as the same may be born, subject, however, to the lien of record 
of any prior mortgage in good fait'h. 

SEC. 2. LIST OF ANIMALS SERVED. Any owner of any 
stallion, jack or bull within the state may file with the County Clerk 
of any county therein on or before the first day of October of each year, 
a full and complete list of the mares or cows served by such male 
within such county during that year. Such list shall contain the 
name of and a brief description of all animals so served, the owners 
thereof, the terms on which each was bred, the amount of money 
due or to become due upon each, and the time when payment 
thereof becomes due, and it shall be verified by the owner of such 
stallion, jack or bull or his lawfully authorized agent. 

SEC. 3. LIENS, DURATION. From the time of filing such 
lien upon any such mare or cow the lienor shall have the right to 
hold the same 1 on such mare or cow and their or its offspring for a 

51 



period of six months from and after the birto. of such offspring, but 
if such lien shall not be foreclosed within that time the same shall 
expire, and be of no force or effect. 

SEC. 4. FORECLOSURE. Every such lienor may foreclose 
such lien by delivering to any sheriff or constable a true copy of such 
lien certified by the Clerk of the County, together with an affidavit of 
the lienor or any agent or attorney having knowledge of the facts, 
stating the amount due and unpaid on such lien with direction to 
such officer to foreclose such lien. Thereupon such officer shall seize 
such mare or cow and their or its offspring and sell the same in the 
manner provided by law for the sale of personal property on execu- 
tion, and retain the principal and interest and expenses of such 
seizure and sale, and the overplus, if any, pay over to the owner of 
such mare or deposit the same for him with t'he County Clerk and 
make and file due return thereof with the County Clerk. 

SEC. 5. ANIMALS-REMOVAL. It shall be unlawful for any 
owner of any mare or cow or their or its offspring, or any persons 
having the possession of such mare or cow or their or its offspring 
upon which there is a lien of record in the county to sell or perma- 
nently remove the same from the county or state before said lien is 
paid; provided, such owner may remove the same to an adjoining 
county by first filing in such adjoining county a certified copy of 
such lien and notifying such lienor in writing of i'he exact location 
of such mare or cow and their or its offspring in such adjoining 
county. 

SEC. 5. VIOLATION OF ACT. Any person or persons 
knowingly or willfully violating any of the provisions of this act, 
shall be punished by a fine of not less than Twenty-five Dollars 
($25.00) nor more than Fifty Dollars ($50.00). 

REGISTRATION OF STALLIONS AND JACKS. 

SECTION 1. STALLIONS, etc. CERTIFICATES— REGIS- 
TRATION BOARD. Every owner or keeper .of any stallion or jack 
kept for sale, transfer, exchange or public service, who represents such 
stallion or jack to be fit for service, shall procure a certificate and 
keep the same, or an exact copy thereof, posted in a conspicuous 
place within every barn, shed or building in which such stallion or 
jack is kept for service and shall mention the same in all advertise- 
ments, as herein provided. Such certificate shall be procured from 
the Stallion Registration Board, which shall be composed of the 
following named officers: The Governor, the State Treasurer, the Com- 
missioner of Public Lands and Buildings. The Board shall have 
power to appoint a secretary who shall be the Deputy State Veteri- 
narian, and to employ all necessary help and maintain an office in the 
State Capitol. 

SEC. 2. CERTIFICATES— HOW OBTAINED. In order to 
obtain such certificate, there shall be presented to said Stallion Reg- 
istration Board an affidavit, signed by a qualified veterinarian who 
is not interested in J Jhe buying and selling of horses who has been 
appointed by said board, (said Veterinary Surgeon may be disquali- 
fied for cause), to the effect that he has personally examined such 
stallion or jack and that to the best of his knowledge and belief such 
stallion or jack is free from such hereditary, infectious, contagious 
or transmissable diseases as : urethal gleet, melanosis, periodic op- 
thalmia (moon blindness), laryngeal hemiplegia, roaring, dourine, 
glanders, farcy, or serious defects in general conformation, and, if 
the stallion or jack is pure bred, there shall be presented to the in- 
spector for his examination and comparison also a certificate of reg- 
istration of such stallion issued by one of the following foreign stud 
books, and associations recognized by the Department of Agriculture 

52 



in the Bureau of Animal Husbandry Order No. 175, November SS^, 
1910, and amendment number one (1) thereto, December 30, 1910- 

Name of breed, book of record and 1 association, society or coaoa- 
pany. 

Belgian Draft. Stud Book des Chevaux de Trait Bleges. Societe 
le Cheval de Trait Beige Chevalier, G. Hynderick, sec'y, Brussels, 
Belgium. 

Clydesdale. Clydesdale Stud Book. Clydesdale Horse SocV of: 
the United Kingdom of Great Britain and Ireland, Archibald Mae- 
Neigage, Sec'y, 93 Hop St., Glasgow, Scotland. 

French Draft. Studbook des Chevaux de Trait, Francais. Soci- 
ete des Agricultures de France, Henri Johanet, Sec'y? '8 Rue d'A'ifae- 
nes, Paris, France. 

Hackney. Hackney Stud Book. Hackney Horse Soc'y, Frank F/. 
Euren, Sec'y., 12 Handover Sq., London, W. England. 

Shetland Pony. Shetland and Pony Stud Book. Shetland Pony 

Percheron. Studbook Percheron de France. La Societe Hippique.- 

Percherrone de France, E. Lemarie, Sec'y., Noget le Rotrou, France. 

Studbook Society, R. W. Walker, Sec'y., 3 Golden Sq., Aberdeen, 

Scotland. ? 

Shire. Shire Horse Society Studbook. Shire Horse Soc'y, J- 
Sloughgrove, Sec'y, 12 Handover Sq., London, W., England. 

Suffolk. Suffolk Studbook. Suffolk Horse Soc'y, Fred Smith, 
Sec'y, Rendelsham, Woodbridge, Suffolk, England. 

Thoroughbred. Australian Studbook. W. C. Yuille & Sons, Mel- 
bourne, Aus. General Studbook. Weatherby & Sons, 6 Old Burling- 
ton St., London, W., England. 

Welsh Pony & Cob. Welsh Pony & Cob Studbook. The Welsh 
Ponk & Cob Soc'y, John R. Bache, Sec'y., Knighton, Radnorshire^ 
Wales. 

Belgian Draft. Canadian. Canadian Nat'l. Records, Secretary,,. 
Ottawa, Canada. 

Clydesdale, Hackney, Shire, Suffolk, Welsh Pony & Cob. National 
Records. 

The stud books and signatures of the duly authorized officers of 
the following American horse and jack pedigree registry association, 
societies or companies, certified by t'he Department of Agriculture^ 
Wiashington, D. C, in Bureau of Animal Industry, Order No. 136..., 
June 20, 1906, and in the amendments thereto: 

"B" 

Name of breed, book of record, and by whom published. 

Arabian. Studbook of the Arabian Horse Club of America, Ara- 
bian Horse Club of America, H. K. Buch-Brown, Sec'y, Newburgb , 
N. Y. 

Belgian Draft. American Register of Belgian Draft Horses:.. 
American Association of Importers and Breeders of Belgian; Draft. 
Horses, J. C. Connor, Jr., Secretary, Wabash, Ind. 

Cleveland Bay. American Cleveland Bay S'Jud Book. Cleveland 
Bay Society of America, R. P. Stericker, Secretary, Oconomowoc, Wis. 

French Draft. National Register of French Draft Horses. Na- 
tional French Draft Horse Association of America, C. E. Stubbs,. 
Secretary, Fairfield, Iowa. 

Clydesdale. American Clydesdale. American Clydesdale Asscp*- 
ciation, R. B. Ogilvie, Secretary, Union Stock Yards, Chicago, Ill- 
French Coach. French Coach Studbook. French Coach Horse 
Society of America, Duncan E. Willed, Secretary, Maple Avenue anc 
Harrison St., Oak Park, 111. 

53 



"French Coach. French Coach Horse Register French Coach 

: Morse Reg., C. Glenn, Secretary, 1319 Wesley Ave., Columbus. Ohio. 

German Coach, Oldenburg. German Hanoverian and Oldenburg 

■Coach Horse Studbook. German Hanoverian and Oldenburg Coach 

Horse Association of America, J. Crouch, Secretary, Lafayette, lna. 

Hacknev. American Hackney Studbook. American Hackney 
Morse Society, Gurney C. Gue, Secretary, 308 W. 97th St., New York 
City. 

Jacks and Jennets. American Jack Stock Studbook. American 
Breeders' Association of Jacks and Jennets, J. W. Jones, Secretary, 
Columbia, Tenn. 

Percheron. Percheron Studbook of America. Percheron Society 
of America, Wayne Dismore, Secretary, Union Stock Yards, Chicago, 
Illinois. 

Percheron Percheron Register. The Percheron Registry Com- 
pany, Chas. C. Glenn, Secretary, 1319 Wesley Ave., Columbus, Ohio. 

Percheron. The American Breeders' and Importers' Percheron 
Begister The American Breeders' and Importers' Percheron Regis- 
try Company, John A. Forney, Secretary, Plainfield, Ohio. - 

Shetland Pony. American Shetland Pony Club Studbook. Amer- 
ican Shetland Pony Club, Miss Julia M. Wade, Secretary, LaFayette, 
Indiana. 

Shire. American Shire Horse Studbook. American Shire Horse 
Association, Chas. Burgess, Sr., Secretary, Wenoa, 111. 

Suffolk. American Suffolk Horse Studbook. American Suffolk 
Horse Association, Alex Galbraith, Dekalb, 111. 

Thoroughbred. American Studbook. The Jockey Club. W. H. 
Howe, Registrar, 571 Fifth Avenue, New York, N. Y. 

Welsh Pony and Cob. Welsh Pony and Cob Studbook . The 
"Welsh Pony and Cob Society of America, John Alexander, Secretary, 
Aurora, 111. 

American Trotter. American Trotting Register. American 
Trotting Register Association, Wm. H. Knight, Secretary, 137 So. 
Ashland Boulevard, Chicago, 111. 

Morgan. American Morgan Register. American Morgan Reg- 
ister Association, T. E. Boyce, Secretary, Middlebury, Vt. 

Saddle Horse. American Saddle Horse Register. American 
Saddle Horse Breeders' Association, I. B. Nail, Secretary, Louisville, 
Ky. 

The said Stallion Registration Board shall accept as pure bred 
entitled to a license certificate as such, each stallion or jack for which 
^a pedigree registry certificate is furnished the inspector bearing the 
signature of the duly authorized officers of one of the above named 
associations, societies or companies. 

SEC. 3. CERTIFICATE FORM— The certificates for stallions 
ishall be of two forms, one for pure breds, and one for grades. Each 
-certificate shall state the name of the stallion or jack and if pure 
lored and registered number and the name of the stud book in 
which such stallion or jack is registered. Each certificate shall bear 
iche name of the importer or breeder, the name of the present owner, 
sa description of the color, the year foaled and inspector's statement 
sas to whether said stallion or jack is sound or unsound. If unsound 
tfche certificate shall contain the names of the diseases, the location of 
^which shall be indicated by means of a small diagram of a stallion 
ipToperly marked by the inspector. Each certificate shall bear the 
signatures of the Inspector and secretary of the Stallion Registra- 



tion Board, and shall have attached thereto the official seal of safdT- 
Board. A grade shall be defined as a stallion or jack whose owner 
presents the affidavit of two persons that said grade has either a. 
sire or dam of pure breeding. 

SEC. 4. QUALIFICATIONS. No stallion or jack which may 
come into the state of Nebraska, after this act shall take effect, shall 
be given a certificate if such stallion or jack is affected with one or 
more of the following diseases, namely: urethal gleet, melanosis, peri- 
odic opthalmia (moonblindness) , laryngeal hemiplegia (roaring), cata- 
ract, amaurosis (glass eye), chorea (St. Vitus dance), string halt., 
bone spavin, bog spavin, ring bone, side bone, curb with curly forma- 
tion of hock or is seriously defective in conformation, with vicious dis- 
position. 

SEC. 5. RE-EXAMINATION. Every stallion or jack whic T 7 
has been granted a certificate by the Stallion Registration Board shall 
be re-examined by an authorized veterinarian each year thereafter^ 
and said board shall have the power to revoke certificates for cause.. 
Exceptions : Stallions over eight years of age having had three prior 
annual sound certificates from this board shall be exempt from fur- 
ther examinations, except for contagious or infectious disease, upon 
display of age certificate issued by the Stallion Registration Board,, 
age to date from Jaunary 1 of the year of its birth. Every certi- 
ficate except ''Transfer" shall be for the calendar year. Colts less 
tiian eighteen months old are not classified as stallions and are not 
subject to inspection except by request of owner or agent. 

SEC. 6. CERTIFICATE POSTED. Eevry owner or keeper of 
a stallion or jack kept for services shall keep posted the certificates 
issued by the Stallion Registration Board or a copy of the same, dur- 
ing the entire breeding season, in a conspicuous place within every 
shed or building in which such stallion or jack is kept for service. 

SEC. 7. ADVERTISEMENTS. No owner or keeper of a stal- 
lion not of pure breeding shall permit the printing, publishing or cir- 
culating of any bill, poster, card, newspaper advertisement or other- 
advertisement calling attention t'o said stallion as a breeder, unless? 
the same shall have the words "grade stallion" in two inch type im- 
mediately preceding such name. 

SEC. 8. RECORD OF CERTIFICATE. It shall be the duty 
of the Stallion Registration Board to keep a record of all certificate? 
and the issuance, refusalor revocation of the same. 

SEC. 9. CERTIFICATE TRANSFER. If the owner of the 
stallion or jack shall sell, exchange, or transfer the same, said Stal- 
lion Registration Board shall, upon receiving the certificate in force 
at the time of the sale and satisfactory proof of such change in own- 
ership, issue to the new owner a certificate of transfer of ownership- 

SEC. 10. FEES. A fee of Three Dollars ($3.00) shall be 
paid for each certificate, for each renewal Three Dollars ($3.00), foar 
each transfer of ownership twenty-five cents (25c), and two dollars- 
($2.00) for age certificate. If the owner or lessee of any stallion or 
jack after due notification by the Stallion Registration Board, fails 
to deliver said stallion or jack for inspection in all cases on the day 
and at the place designated by the Stallion Registration Board, the- 
fees of such inspection may, in the discretion of the Board, be doubled... 
The inspection as far as practical shall be made at the place.- 
where stallions or jacks are kept. 

SEC. 11. FUNDS, HOW USED. The funds accruing from* 
registration shall be used by the Stallion Registration Board for 
printing, office supplies, secretary and clerical service, payment of 
inspectors, and the publication of an annual report which shall con- 
tain an alphabetical list of stallions and jacks which have been granted 

55 



certificates and a full and complete account of all money received and 
expended. 

SEC. 12. VIOLATION OF ACT, PENALTY. Any person, 
firm or corporation who shall violate any of the provisions of this 
act shall be guilty of a misdemeanor and be punished by a fine of 
not less than fifty dollars ($50.00) nor more than one hundred 
($100.00) dollars or be imprisoned in the county jail not exceeding 
thirty (30) days, or both such fine and imprisonment, in the dis- 
cretion of the court. 

SEC. 13. CERTIFICATES HERETOFORE ISSUED. All 
1913 inspections made and certificates issued by the Nebraska Stal- 
lion Registration Board, W. R. Mellor, Secretary, are hereby ordered 
xecognized as valid for the current year, by this Board hereby created. 

SEC. 14. REPEALS. That' sections 3302, 3303, 3304, 3305, 
mnd 3306 of Cobbey's Annotated Statutes for 1911 (Compiled Statutes 
Chapter 4, Sections 40a-e) , as the same now exists, are hereby re- 
pealed. 

The following is a copy of the certificate that' will be issued for 
pure bred stallions, and similar certificates will be issued for grade 
stallions, and jacks: 

State of Nebraska 
Stallion Registration Board 

License Certificate No 

Pure Bred Stallion 

The pedigree of the stallion 

Bred by 

P„ O ." State 

Owned by P. O Neb. 

Foaled Color Weight Height 

lias been examined by the stallion Registration Board and it is hereby 
certified that the said stallion is of pure breeding and is registered 

a,s No in the Stud Book recognized by 

statute (Chapter 1, Laws of Nebraska, 1913). The above named stal- 
lion has been examined by a qualified veterinarian who reports as 
follows : 

"I have this diay examined i'he pure bred stallion named 

_. j No , and to the best 

of my knowledge and belief said stallion is free from urethal gleet, 
melanosis, periodic opthalmia, laryngeal hemoplegia, and serious de- 
fects in general conformation. I further certify that said stallion 
is sound except as indicated in the diagram below." 

(Diagram of Horse Here.) 

State Stallion Inspector. 
Said stallion is hereby licensed to stand for public service in the 
State of Nebraska during the season of the calendar year 19 

Dated at Lincoln, Nebraska, this day of 19 

Nebraska Stallion Registration Board. 

Secretary. 



56 




. . . Live Stock . . . 

Commission 
Merchants 



Note: Our Shippers are Our Best Advertisers 



A. G. Greenameyer, 

Bert Carpenter, 

O. J. Gibbs, 

Cattle Salesmen 



W. C. Hudson, 
J no. Griggs, 

Hog Salesmen , 



Auto. Phone 1227 
Iowa Phone 755 



Room 210 Exchange Bldg. Sioux City, Iowa 



Long & Hansen 

Commission Co. 



Sioux City Stock Yards 



Ship Your Live Stock 

• • • IV/ • • • 

Long & Hansen Comm. Co. 

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Quickest Returns 

Lightest Shrinkage 

Best Results 

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Sioux City, 



Iowa 



Criminal — Animals 

HOG STEALING. 
If any person or persons shall steal any sow, barrow, boar, or • 
pig of any value, or if any person shall receive or buy any sow, bar- 
row, boar, stag or pig that shall have been stolen, knowing the same 
to have been stolen, with intent by such receiving or buying to de- 
fraud the owner, or if any person shall conceal any such thief know- 
ing him t'o be such or if any person shall conceal any sow, barrow, 
boar or pig, knowing the same to have been stolen, every such per- 
son so offending shall be imprisoned in the penitentiary not more than 
five nor less than one year and shall pay the costs of prosecution. 

HORSE STEALING, RECEIVING OR BUYING STOLEN HORSE 
—CONCEALING SUCH HORSE, OR A HORSE THIEF. 

If any person shall steal any horse, mare, gelding, foal or filly,. 
ass or mule of any value; or, if any person shall receive or buy any 
horse, mare, gelding, foal or filly, ass or mule, that shall have been 
stolen, knowing the same to have been stolen, with intent, by suck 
receiving or buying, to defraud the owner; or, if any person shall 
conceal any horse thief, knowing him to be such ; or, if any person 
shall conceal any horse, mare, or gelding, foal or filly, ass or mule, 
knowing the same to have been stolen; every person so offending shall 
be imprisoned in the penitentiary not more than ten nor less than one 
year. 

STEALING AND RECEIVING STOLEN CATTLE. 

If any person or persons shall st'eal any cow, steer, bull, heifer, 
or calf, of any value, or if any person shall receive or buy any sow, 
steer, bull, heifer, or calf, that shall have been stolen, knowing the 
same to have been stolen, with intent by such receiving or buying to 
defraud the owner, or if any person shall conceal any such thief, 
knowing him to be such, or if any person shall conceal any cow, steer, 
bull, heifer, or calf knowing the same to have been stolen, every such 
person so offending shall be imprisoned in the peitentiary not more 
than ten years nor less than one year, and shall pay the costs of the 
prosecution. 

TAKING HORSE OR MULE WITHOUT LEAVE. 

If any person shall wrongfully take any horse, mare, geld- 
ing, foal, or filly, ass, or mule, from the stable, lot or pasture of an- 
other, or from a hitching rack, or any other place as aforesaid, hav- 
ing been lawfully placed, without consent of the owner, with intent to 
injure, set at large, or wrongfully use t'he animal so taken, such: 
person shall be fined in any sum not exceeding one hundred dollars- 
or be imprisoned in the county jail not exceeding three months, in the 
discretion of the court, and shall also be liable to the party injured in 
double iJhe amount of damages sustained. 

MUTILATION OF HORSES. 

Whoever cuts the bone of the J Jail of any horse for the purpose 
of docking the tail, or whoever causes or knowingly permits it to be 
done upon premises of which he is the owner, lessee, proprietor or user, 
or whoever assists in such cutting shall be punished by imprison- 
ment in the county jail not' exceeding one year, or by fine of not- 
less than one hundred dollars nor more than three hundred dollars. 

KILLING OR INJURING ANIMALS. 
If any person or persons shall wilfully and maliciously kill or 
destroy any horse, mare, foal, filly, mule, ass, sheep, goat, cow, ox, 
steer, bull, heifer or swine, the property of another or others, of 
the value of thirty-five dollars or upward, or shall wilfully and ma- 
licionsly injure any such animal or animals, the 1 property of another 

57 



or others of the value of thirty-five dollars or upwards, the person 
or persons so offending shall be imprisoned in the penitentiary not 
more than three years nor less than one year. 

POISONING ANIMALS WITH INTENT TO INJURE OR DE- 
STROY THEM. 

(a) If any person or persons shall wilfully and maliciously admin- 
ister, or cause to be administered, poison of any sort whatever, to 
any horse, mare, foal, filly, jack, mule, ass, sheep, goat, cow, or 
steer, bull, heifer, or swine, the property of another, with intent to 
injure or destroy such horse, mare, foal, filly, jack, mule, ass, sheep, 
goat, cow, ox, steer, bull, heifer or swine, the person or persons so 
offending shall be fined in the sum of one hundred dollars or impris- 
oned in jail of the proper county, not exceeding thirty days, at the 

•discretion of the court. 

CRUEL TREATMENT OR EXPOSURE OF DOMESTIC 

ANIMALS. 

(b) Any person or persons who shall wilfully, inhumanely or un- 
~ reasonably beat, strike, kick, wound, maltreat or maliciously kill 

any horse, mule, cow, ox, sheep, swine or poultry or any other animal 
enumerated as domesticated animals, or shall pick the feathers from 
any live fowl or poultry, preparatory to killing or dressing the same, 
or any person or persons, whether the offender be owner, agent or 
servant, who allows his horse, mule, pony or team, whether horses, 
mules or oxen, to stand tied upon the street or public highway for 
two hours at a time in cold or stormy weather to the injury of said 
animal or animals shall upon conviction thereof be fined in any sum 
t" not less than five nor more than fifty dollars. 

ABUSING OR OVERWORKING ANIMALS. 

(c) Any person or persons who shall overdrive, abuse, overload or 
f overwork any horse or horses, mule or mules, or oxen, or unneces- 
sarily torture or torment 1 any domestic animal shall, upon the con- 
viction of any of the offenses enumerated herein, be deemed guilty 

;«of a misdemeanor, and shall be punished as hereinafter provided. 

SHELTER. 

( d) Any person or persons, whether as owner or agent . ih iving in 
charge horses, mules, cattle, sheep or swine, or any other domesti- 
cated animal or animals commonly called live stock, who shall wil- 
lfully or carelessly neglect to provide sufficient sustenance or shelter 
therefor, at any season of the year, shall upon the conviction De 
deemed guiJty of a misdemeanor, and upon conviction thereof shall 

-oe punished as hereinafter provided. 

ARREST OF PERSONS VIOLATING. 

lis is hereby ma^e the duty of sheriffs, constables, marshals of 
cities or villages, or police officers to immediately arrest any per- 
son or persons violating any of the provisions of the foregoing sec- 
tions of this act, without warrant or process, and call upon by- 
standers or others for assistance when the same may be necessary to 
■enable them to make such arrest. Any person who- shall violate any 
of the provisions of this act (a, b, c, and d) , shall for each offense 
be fined in any sum not less than five dollars ($5) nor more than 
Hfty dollars ($50). 

CRUELTY TO ANIMALS. 

Any person who shall impound or cause to be impounded, in 

any pound or yard, for sale or slaughter, or for any other purpose, 

any domestic animal, shall supply the same during such confinement 

with a sufficient quantity of good ani wholesome food and water, 

-and in default thereof shall upon conviction, be adjudged guilty 

■«©f a misdemeanor, and in case any domestic animal shall be at any 

58 



time impounded or yarded, as aforesaid, and shall continue t'o be 
without necessary food and water for more than twenty-four suc- 
cessive hours, it shall be lawful for any person, from time to time,, 
and as often as it shall bq necessary, to enter into and upon any 
pound or yard in which any such domestic animal shall be so con- 
fined, and^ to supply it with necessary food and water so long a& 
it shall remain so confined. Such person shall not be liable to any 
action for such entry, and the reasonable cost for such food and 
water may be collected by him of the owner of such domestic animal,, 
and the said domestic animal shall not' be exempt from levy and sale, 
upon the execution issued upon a judgment therefore. 

ABANDONING SICK OR DISABLED ANIMALS. 

If any maimed, sick, infirm or disabled domestic aniaml shall be 
abandoned to die by any person, such person shall be deemed guilty 
of a misdemeanor, and upon conviction thereof shall be fined in any 
sum not less than five nor more than fifty dollars. It shall be lawful 
for any magistrate or peace officer to appoint suitable persons to. 
care for and, if necessary, to destroy such animal; any expense for 
such care or disposing of such animal to be a charge against and 
collectable from the owner by the party incurring the same. 

Ed. Note: The penalty for violation of this and' the preceding- 
law is a fine of from five to fifty dollars. 

BULL-BAITING AND TORTURE OF ANIMALS. 

Any person or persons who shall confine, or aid or assist' in con- 
fining any bull, steer, or other domestic or domesticated animal or 
animals, either by tying, penning or enclosing the same for the 
purpose of bull-baiting, bear-baiting or other purpose of torture, or 
shall aid or assist in torturing the same when so tied or penned,, 
either by dogs, whips, spears or other instruments, shall pay a fine 
not exceeding one hundred dollars. 

HORSE RACING. 

If any two or more persons shall run a match, horse race or- 
races in any public road in common use, for the purpose of trying 
the speed of their horses, every person so offending shall be fined in. 
any sum not exceeding five collars nor less than one dollar. 

BREAKNG OPEN OR INJURING POUND, 
It is hereby declared unlawful for any person or persons to 
interfere with or set at liberty any domestic animal or animals im- 
pounded in a lawful manner by any other person; and every person 
so offending shall, upon conviction thereof pay a fine not exceeding ,... 
one hundred dollars nor less than five dollars. 

FALSE STOCK PEDIGREE. * 

If any person shall knowingly, and with intent to deceive, furnish 
to any purchaser of st'ock a printed or written false pedigree of the 
same, whereby such purchaser shall be induced to buy said stock, 
the person so offending shall be guilty of a misdemeanor, and on con- 
viction thereof be punished by a fine of not less than twenty-five 
dollars nor more than two hundred dollars, or by imprisonment in 
the county jail not less t'han three nor more than six months, or~ 
by both fine and imprisonment, as the court may direct. 

Fence Laws 

While the fence laws of the state are not strictly speaking "stock 
laws," still they have a close application thereto, and for that rea- 
son it is deemed advisable to give them in a brief form. Materially 
they are as follows: 

LAWFUL FENCE. 

Any structure or hedge or ditch in the nature of a fence, used: 

59 



:lor the purposes of enclosure which is such as good husbandmen 
generally keep, is deemed in law to be a lawful fence. 

If the fence is a rail fence it shall consist of at least six rails, 
secured by stakes at the end of each panel, well set in $ie ground, 
with a rider upon the stakes. 

A board fence shall consist of not less than three boards of at 
least five inches in width and one inch thick; well secured to posts, 
such poste not to be mo^e than eight feet apart. 

A rail and post fence shall consist of at least three rails, well 
'secured at each end to posts and the posts must not be more than 
sten feet apart. 

A pole and post fence mus J J consist of not less than four poles, 
-well secured' to posts and the posts are not to be more than seven 
feet apart. 

A wire fence must consist of at least four wires of such size 
not less than number nine fence wire, well secured to post's and the 
posts must not be more than one rod apart, with a stake or post be- 
tween every two posts to which the wire shall be attached. 

All the above fences must be at least four and one-half feet in 
height and the spaces between the boards, rails, poles and wires 
of such fences shall not exceed one foot each, measuring from the 
top. 

A hedge fence of sage orange shall consist of at least one row 
of plants not more ' than eight inches apart at the surface of the 
ground and shall be such as the fence viewers shall decide a lawful 
fence. A hedge fence of willow or other trees shall consist of at 
least one row planted not more than fifteen inches apart at the sur- 
face of the ground and at least two and; one-half inches in diameter, 
and at least six feet in height. 

"Wiarner's patent" fence shall be at least four and one-half 
feet high, and of not less than five boards at least five inches wide 
• and one inch thick. . 

LIVE FENCES. 

The owner or occupier of lands bordering upon a public road 
or highway, except a street or alley in a town, may plant and cul- 
tivate any hedge, or live fence, along the margin of their land, but 
such fence must be set directly in line with the road, with a protec- 
tion fence, and shall not occupy more than six feet of the margin or 
edge of saic« road and such protection fence, when placed opposite 
to any live fence or hedge, shall be permitted to remain for the 
term of seven years; provided that the county commissioners may 
grant permission in writing to the owner to continue such protec- 
tion fence any term of time which t'hey may deem necessary. This 
.does not apply to railroad companies. 

PARTITION AND DIVISION FENCES. 

It has been held that where a person constructs a division fence 
without complying with the statute he can not have contribution 
from the owner of adjoining land, hence it is essential that the fol- 
lowing provisions be complied with in order that each party's rights 
may be protected: 

When two or more persons have adjoining lands, each of them 
shall make and maintain a just proportion of the division fence be- 
tween them, except the owner of either of the adjoining lands shall 
choose to let his lands lie open, but should he afterwards enclose 
his lands then he must pay a just proportion of the value, at the 
time, of any division fence Oh at shall have been made by such ad- 
joining owner, or he shall immediately build his proportion of such 
division fence. 

The value of such division fence and the proportion to be made 
and maintained by him in case of his enclosing his land, shall be 

CO 



determined by any two fence viewers of the precinct, in the county, 
and all disputes arising concerning the proportion of fence to be made 
or maintained by either party shall be settled by the fence viewers 
of the county; and in such case it shall be the duty of the' fence 
viewers to distinctly mark and define J ohe proportion of the fence 
to be made or maintained by each. 

These fence viewers are selected as follows: Each party shall 
choose one, and if either party neglect, after eight days' notice to 
make such choice then the other party may select both. The fence 
viewers have' power to subpoena, administer oaths to, and examine 
witnesses on all questions submitted to them. Justices of the peace 
are ex-officio fence viewers of the county. The fees of iihe fence 
viewers are one dollar per day each, for the time necessarily spent, 
payable in the first instance by the party requiring their service; and 
all expenses of the view shall be borne equally between the parties, 
except in case of view to appraise damages for neglect or refusal to 
make or maintain a just proportion of the division fence, in which 
case the cost of view shall be paid by the party in default, and may 
be recovered as a part of the damage assessed in a civil action in 
any court of this state. 

Upon choosing of the viewers they shall proceed to examine the 
premises and hear the allegations of the parties; in case of their 
disagreement, they shall select another fence viewer to ac J J with 
them, and' the decision of any two of them shall be final upon the 
parties to such disputes and upon all parties holding under them. 
Their decision shall be made in writing; shall contain a description 
of the fence, of the proportion to be maintained by each, and their 
decision upon any of the disputed points submitted to them shall 
be filed immediately in the office of ifne county clerk. 

Should any person who is liable to contribute to the erection 
or reparation of a division fence neglect or refuse for the period of 
four weeks after notice in writing, to make and maintain his propor- 
tion of t'he fence, the party injured may make or repair the same 
at the expense of the party neglecting or refusing and can be recov- 
ered from such party with cost of suit. The neglecting party is 
also liable for all damages caused by such neglect or refusal deter- 
minable by any two fence viewers selected as above provided — their 
appraisement of such damage to be reduced to writing and properly 
signed. 

REMOVAL OF DIVISION FENCE. 

Any person who has made his proportion of a division fence can 
remove such proportion after giving the adjoining owner at least 
sixty days' notice in writing of his intention to do so, but such fence 
can only be removed between the first day of December and the firstf? 
day of April and at no other time of the year. If such fence is 
removed without such notice the party removing the same shall 
pay to the injured party all damages iJhe injured party has suffered, 
to be recovered with costs of suit. 

DIVISION FENCE DESTROYED BY CASUALTY. 

Should a division fence be injured or destroyed by fire, flood 
or any other casualty the person bound to make and repair such 
fence, or any part of it. shall make or repair the same, or his just 
proportion thereof, within ten days after he shall be thereto re- 
quired by any person interested therein, such notice to be in writing 
and signed by party making the same. Should he neglect or refuse 
to do so for a period of ten days after such written request the 
party injured may make or repair ifae fence at the expense of the 
party refusing or neglecting and such amount can be recovered with 
-cost of suit. 

61 



REMOVAL OF FENCES, FOR PUBLIC ROAD. 

Whenever a public road is ordered to be established or altered, 
which road shall pass through or on inclosed lands not planted or 
sowed with crops, the road overseer shall give the owner or occu- 
pant of such land sixfty days' notice in writing to remove his fences, 
and upon the failure of the owner so to do the overseer shall cause 
the same to be removed and the road opened and worked and the! 
owner shall forfeit the sum of one dollar for every day he permits 
his fence to remain after the expiration of the sixty days, and pay all 
necessary cost of removal, to be collected by the overseer before any 
justice of the peace of competent jurisdiction. 

INJURING FENCES, GATES, ETC. (Criminal.) 

Any person who shall wantonly or maliciously throw, put, or lay 
down, prostrate, deface or injure any fence enclosing an orchard, 
pasture, meadow, garden, yard or other field or inclosure, the prop- 
erty of, or lawfully occupied by any other person or persons, or 
corporation, or shall wantonly or maliciously open, let down, throw 
down, prostrate, injure or deface any gate, or bars belonging to any 
such inclosure, every such person shall be find in any sum not ex- 
ceeding one hundred dollars, or be imprisoned in the jail of the 
county no J J exceeding thirty days, or both, at the discretion of the 
court. 

RAILROAD FENCES— NOTICE TO FENCE. 

Every railroad corporation whose lines of road or any part 
thereof are open for use shall erect and maintain fences on the sides 
of their roads, or the part of their road open for use, such fences to , 
be suitably and amply sufficient to prevent' stock from getting on the 
right of way, except at the crossings of public roads and highways 
and at farm crossings, openings or gates or bars, for the use of the 
proprietors of the lands adjoining such railroad shall be estab- 
lished. There shall also be established at all road crossings, cattle 
guards suitable and sufficient to prevent stock from getting on the 
right of way of such railroad corporation and its agents shall'' be 
liable for all damages to stock by the agents, engines, or trains of 
such railroad and those of any other railroad companies permitted 
to run on their railroad. 

Should such fences and guards be kept in good and sufficient 
repair, such railroad company shall not be liable for damages, un- 
less negligently or willfully done. 

Any person owning land adjoining the right of way of any rail- 
road company who intends to enclose his land, or any part of i J J, that 
adjoins the railroad, may notify in writing the railroad company of 
his intention, and request the railroad company to build a "lawful 
fence" on the line between their railroad and the land intended to be 
enclosed. Such notice shall definitely specify two points on such land 
between which points such fence is requested to be erected, and 
describe the field intended to be enclosed. The railroad company snail, 
within six months after receiving such notice, cause to be erected the 
fence required by such notice, and in case of a failure so to do, the 
party so giving the notice may cause such fence to be erected at a 
reasonable cost, and collect the amount thereof from the railroad 
company. 

Stock Yards 

DEFINITION OF TERMS— STOCK YARD INCLUDES. 

The term stock yards as used herein shall mean and embrace 
all corporations, individuals, associations of individuals, ^heir lessees, 
trustees or receivers (appointed by any court of lawful authority 
whatsoever) that now or hereafter may own, operate, manage or 
control any yards and pens, railroad tracks, switches, engines or 

62 



other motive power, for the purpose of handling live stock in transit 
and for sale and all stock yards are hereby declared to be common 
carriers. 

STATE RAILWAY COMMISSION CONTROL. 

The State Railway Commission shall have power to issue orders 
regulating service and charges of all kinds at all stock yards, and 
the same shall be enforced in the same manner and under the same 
penalties as orders regulating common carriers, provided, that whe^ 
no other penalty is provided by law for a violation of any such or- 
der, it shall be punishable by a penalty of not less than one hundred 
dollars, nor more than five hundred dollars, and where the violation 
is a continuing one, each day thereof shall constitute a separate 
offense. 

UNLOAD IN TWO HOURS— PENALTY. 

Every stock yards shall handle, unload and yard all cars of live 
stock arriving between the hours of 6 o'clock a. m. and 6 o'clock p. m. 
and deliver into yards used by commission company, when so re- 
quested, within two hours after the final delivery of the same at the 
bracks of said stock yards by the connecting railroad, except in cases 
of unavoidable delay or unusual circumstances. For each half hour's 
delay in handling and unloading live stock beyond the period pre- 
scribed herein any such stock yard shall forfeit and pay to the shipper 
of said live stock or his agent, as demurrage, within twenty-four 
hours after unloading said live stock, the sum of five dollars for each 
car of live stock so delayed. Said payment Oo be made by mailing 
draft or certified check to agent or owner. Provided, that if any part 
of the forfeitures described in this section shall be collected by a 
suit at law an attorney's fee of five dollars per car shall be allowed 
the plaintiff by the court, but not exceeding fifteen dollars on any one 
shipment. 

RECORD OF STOCK HANDLED. 

Every stock yard shall keep a record showing the time of de- 
livery and turning over at the yard of said st'ock to the commission 
firm, agent or owner. 

FURNISH SCALES AND YARDS. 

Every stock yard shall furnish scale facilities sufficient to weigh 
all live stock without unreasonable delay. It shall furnish yardage 
to handle all live stock in yards and no charge shall be made for 
yardage where yards are not furnished. 

Liens on Live Stock — Miscellaneous 

LIEN FOR KEEPING FORECLOSED— AFFIDAVIT FILED. 

When any person shall procure, contract wi'Jh, or hire any other 
person to feed and take care of any kind of live stock, the person so 
procured, contracted with or hired, shall have a lien upon such prop- 
erty for the feed and care bestowed by him upon the same for the" 
contract price therefor, and in case no price has been agreed upon, 
ifnen the reasonable value of such feed and care. The person en- 
titled to lien under the provisions of this section may foreclose the 
same in the manner provided by law for the foreclosing of the 
chattel mortgages; Provided, that at least thirty (30) days before 
the sale of the property for the satisfaction of such lien, the per- 
son entitled thereto, shall file in the office of the county clerk in the 
county in which said live stock may be fed and kept, an affidavit 
describing said live stock, and setting forth the amount justly due 
for the feeding and keeping of the same. 

63 



Registering 

REGISTERING NAME OF RANCH OR HOME. 

That hereafter the owner of any farm, ranch or home may 
upon the payment of one dollar ($1.00) to the county clerk of the 
county in which said farm or ranch is located be 1 entitled to have 
the name of his farm, ranch or home duly recorded in a register to 
be kept by the county clerk for said purpose and shall further be 1 
entitled to a certificate, under the seal of said office, setting forth 
the name of said farm, ranch or home, its description by the United 
States survey thereof, and name of owner. Provided, that when 
any name of such a farm, ranch or home has been so recorded said 
name shall not be recorded as the name of any other farm, ranch, 
or home, in the same county unless plain designation of words are 
prefixed, affixed or both prefixed) and affixed thereto. Provided fur- 
ther, that upon the recording of a certified transfer of such name 
by the owner of said farm, ranch or home, said certified transfer shall 
be made an additional part of the records so kept. 

Execution 

ALLOWANCE FOR KEEPING LIVE STOCK. 

When any cattle or other live stock shall be taken in execution 
it shall be the duty of the justice who issued the execution, or other 
justice charged with the duty of collecting the judgment whereon 
such execution issued, to allow the officer, for keeping the same, a 
reasonable compensation, to be taxed and collected as other costs in 
the suit. 

Taxes 

STOCK IN CHARGE OF AGENT. 
Live stock in charge of an agent, care taker or non-resident own- 
ers, on the firsft day of April of the year for which the property 
is required to be listed, and not connected with the farm, shall be 
assessed where so kept; and any live stock which shall be brought 
into any county of this state for grazing purposes between the firsft 
day of April and the first day of July of any year shall be assessed 
by the assessor or by the county board in such county and in the 
proper taxing district, unless t'he owner of said live stock produce 
a certificate from the county clerk, or other proper officer, showing 
that such property has been assessed elsewhere. 

Cruelty to Animals 

CRUEL OR INHUMANE TRANSPORTATION OF ANIMALS. 

If any person shall carry or cause to be carried, in or upon any 
vehicle or otherwise, any domestic animal in a cruel or inhuman 
manner, he shall be deemed guilty of a misdemeanor, and whenever 
he shall be taken into custody therefor by any officer such officer 
may take charge of such vehicle and its contents, and deposit the 
same in some safe place or custody; and any necessary expenses 
which may be incurred for taking charge and keeping and sustaining 
the same, shall be a lien thereon, to be paid before the same can be 
lawfully recovered, and if the said expenses or any part thereof, re- 
main unpaid, they may be recoverd by the person incurring the same 
of the owner of said domestic animal in any action therefor; and 
it shall be unlawful for any person or corporation engaged in trans- 
porting live stock on railway trains to detain such stock in cars for 
a longer continuous period than twenty-four hours without supplying 
the same with food and water. 

64 



Iowa Laws 




<IWe operate a line of retail Lumber 
Yards in North East Nebraska. 

CJWe manufacture a greater part of 
the lumber we sell, at our own mill 
at Elk, Washington. We maintain 
buying offices at Seattle, Washington 
and Shreveport, Louisana. 

^[Therefore we are in position to 
sell you lumber as cheaply as you 
can buy it anywhere. Our yards 
are scattered thickly over North East 
Nebraska — you can't miss us — and 
our motto is 

QUALITY SERVICE PRICE 



Edwards & Bradford 
Lumber Co. 



Sioux City, 



Iowa 



IOWA LAWS 



Stallions, Jacks and Registered Pedi- 
greed Stock 

SECTION 1. ENROLLMENT— ANNUAL CERTIFICATES OF 
SOUNDNESS — FEE. No person, firm, company or corporation shall 
offer for public service, sale, exchange or transfer in this st*ate as 
registered any stallion or jack over two years old unless and until 
he shall have caused the name, age, color and pedigree of the animal 
to be enrolled by the secretary of the state board of agriculture and 
shall have procured from him a certificate of such enrollment'. The 
secretary of the state board of agriculture shall recognize as regis- 
tered only such animals as have been recorded in some stud book 
recognized by the department of agriculture of the state of Iowa, and 
the certificate of pedigree shall accompany the amplication for en- 
rollment. The state of Icwa shall be paid the sum of one dollar for 
each annual certificate of soundness issued by the secretary of the 
state board of agiiculture, according to the methods hereinafter pro- 
vided. 

SEC. 2. OATH OF OWNER OR KEEPER OR CERTIFI- 
CATE OF VETERINARIAN. The owner or keeper of each and 
every st'allion or jack over two years old kept for public service, 
sale, exchange or transfer shall cause said stallion or jack to be ex- 
amined by a duly qualified veterinarian, who shall be a graduate of a 
recognized college and registered as graduate veterinarian by the 
Iowa board of veterinary examiners, or veterinarian, licensed by said 
board, who shall make affidavit that such animal is free from hered- 
itary , infectious, contagious or transmissible disease or unsoundness, 
and shall file the same with the secretary of the state board of ag- 
riculture. Any veterinarian who knowingly or wilfully makes a 
false report upon the disease or freedom from disease, or soundness 
or unsoundness of the animal brought to him for examination shall 
be punished by the revocation of his veterinarian certificate. The 
owner or keeper of each and every stallion or jack over two years 
old kept for public service or for sale, exchange or transfer shall 
between the dates of January first (1) and April first (1), of each 
year after their first registration make application for the renewal 
•of the certificate in the form and manner as above described. 

SEC. 3. DISQUALIFICATIONS. The presence of any one of the 
following named c'iseases shall disqualify a st'allion or jack for public 
service and no certificate shall be issued by the secretary of the state 
board of agriculture: G-anders, farcy, mala: 7 ie ducoit, coital exan- 
thema, urethral gleet, mange, melanosis, blindness, cataract, bone 
spavin, ringbone and periodic opthalinia (moon blindness) . St'allions 
or jacks possessing any of the following named unsoundnesses may 
receive a certificate, but each certificate and every advertisement shall 
state in large type or writing that the stallion or jack is unsound 
and shall specify &ie unsoundness or unsoundnesses which said stal- 
lion or jack has: Amaurosis, laryngeal hemiplegia (roaring or 
whistling), plumonary emphysema (heaves, broken wind), bog 
spavin, side bone, navicular disease, curb, with curby formation of 
hock, chorea (St. Vitas' dance, crampiness, shivering, string halt). 
In cases where stallions or jacks oossess any of the above named 
unsoundnesses in a very aggravated or serious form the department 

65 



of agriculture may upon investigation disqualify such stallion or jack: 
from public service, if ifney consider him so unsound as to be unfit 
for breeding purposes. 

SEC. 4. CERTIFICATES TO BE POSTED AND CON- 
TAINED IN ADVERTISEMENTS. Any owner or keeper of a reg- 
istered stallion or jack over two years old offered for public service 
or for sale, exchange or transfer who represents or holds such animal 
as registered shall keep a copy of the state registration and certifi- 
cate of soundness upon the door or stall of the stable where such 
animal is usually kept, and where such animals are advertised each 
and every advertisement shall contain a copy of such certificates 
or t'he substance thereof. Where certificates of registration have 
heretofore been issued by the state board of agriculture an addi- 
tional certificate of registration shall not be required, but applica- 
tion for certificate of soundness shall be made as hereinbefore pro- 
vided. Any owner or keeper of a stallion or jack over two years 
old ot'her than registered offered for public service or for sale, ex- 
change or transfer must secure certificates of soundness from the 
secretary of the state board of agriculture and advertise said stal- 
lion or jack by having and posting handbills or posters not less than 
five by seven inches in size, and said bills or posters must' have 
printed thereon, immediately preceding or above the name of the 
stallion the words "grade stallion" (or jack) in type not smaller than 
one inch in heighth, said bills or posters to be posted in a conspicuous 
manner at all places where the said st'allion or jack is kept for public 
service, sale, exchange or transfer, together with a copy of the cer- 
tificate of soundness issued by the secretary of the state board of 
agriculture, and where such animals are advertised each and every 
advertisement' shall contain a copy of said certificate or the sub- 
stance thereof and the words "grade stallion" (or jack). 

SEC. 5. EXAMINATION UPON COMPLAINT— EXPENSES, 
HOW PAID. When complaint is made to the state board of agri- 
culture that a stallion or jack is diseased and; on investigation it is 
by t'he department deemed necessary, an examination shall be made 
by the state veterinarian or his duly authorized deputy, the owner 
of such stallion or jack shall select some recognized graduate or 
licensed veterinarian to act with the state veterinarian and the said 
veterinarian shall, on receipt of a notice act jointly with the state 
veterinarian, and these two shall appoint a third graduate or licensed 
veterinarian to act with them and their decision shall be final. In 
case all three or any two of the experts declare the stallion or jack 
is eligible to receive or retain a license, then the expense of the con- 
sultation shall be paid by the state board of agriculture out of funds 
collected for registration fees, or if three or any two of the expert's 
declare the stallion or jack not to be eligible in accordance with the 
provisions of this act, the expense incurred shall be paid by the per- 
son owning the animal and it' may be collected in the same manner 
as in any case of appeal in civil action. 

SEC. 6. TRANSFER OF CERTIFICATE— FEE. If the owner 
of any registered animal shall sell, exchange or transfer the same 
he shall file certificate, accompanying the same with a fee of fifty 
cents, with the secretary of the state board of agriculture, who shall, 
upon receipt of the required fee, issue a new certificate to the then 
new owner of the animal, and all fees provided by this act shall go 
into t'he treasury of the department of agriculture. 

SEC. 7.— IMPORTED STALLIONS OR JACKS. Every person, 
firm, company or corporation importing from foreign countries any 
stallion or jack into the state of Iowa for use or public service, sale', 
exchange or transfer shall secure certificates of freedom from 
disease and unsoundness from a duly qualified or licensed veterinarian 
in this state, certifying t'hat said animal is free from any or alL 

66 



-diseases and unsoundnesses enumerated in section three (3). Said 
certificate must be filed with the secretary of the state board of agricul- 
ture, who shall issue a certified copy of said certificate of soundness 
without charge to said importer, which shall serve as a temporary 
permit to offer said stallion for public service, sale, exchange or 
transfer until such time as original certificate of pedigree can be pro- 
duced and state certificate of enrollment and soundness issued. Said 
temporary permit shall be invalid after ninety (90) days from date 
-of issue. 

SEC. 8. CERTIFICATE OF SOUNDNESS. Add to chapter 
one hundred (100) of the acts of the 34th general assembly the fol- 
lowing sections to follow section seven (7) : 

No stullion or jack shall be brought into the state of Iowa from 
any other state unless accompanied by a certificate of soundness is- 
sued by a duly qualified veterinarian, who must be approved by the 
state veterinarian of the state in which the animal is purchased, such 
examination te cover all diseases and unsoundnesses specified in sec- 
tion three (3) of chapter one hundred (100) of the acts of the 34th 
general assembly as herein amended. Said certificate must be filed 
with the secretary of the st'ate board of agriculture, who shall issue 
a permit admitting said stallion or jack info the state. 

SEC. 9. IMPORTATION PROHIBITED UNLESS ACCOM- 
PANIED BY VETERINARIAN'S CERTIFICATE— VIOLA- 
TION PUNISHED. On and after July 4, 1913, no railroad company 
transportation company or common carrier shall transport into the 
state of Iowa except for exhibition or racing purposes, any stallion or 
jack unless accompanied by a state veterinarian's certificate as pro- 
vided in section four (4) of this act. Violation of this provision 
shall be punished as provided in stection eight (8) of chapter one 
hundred (100) of the acts of the 34th general assembly. 

SEC. 10. PERMANENT STATE CERTIFICATE OF SOUND- 
NESS — FEE. Any stallion or jack six years old or over and having 
successfully passed veterinary examinations for soundness for two 
consecutive years shall be entitled to a permanent state certificate 
of soundness. The last examination must have been made within the 
year in which said certificate was granted provided, however, that 
said certificate must be returned each year to the secretary of the 
state Board of Agriculture with a fee of one dollar ($1.00) for re- 
newal and must be accompanied by a certificate signed by a duly 
qualified or licensed veterinarian that said animal is free from con- 
tagious, infectious or communicable diseases. 

SEC. 11. BLIND STALLION OR JACK. The owner of any 
blind stallion or jack may upon application have "Jhe same examined 
at the expense of the owner of said animal by a board of three ex- 
aminers, one to be the state veterinarian or his duly authorized dep- 
uty, one to be selected by the owner of the animal who shall be a 
.graduate or licensed veterinarian and these two shall appoint a 
third graduate or licensed veterinarian who shall act with them, and 
if upon examination and proof furnished, all three or any two mem- 
bers of said board declare that such blindness was caused by acci- 
dent or disease not transmissable, then upon affidavit of said board 
the secretary of the State Board of Agriculture shall be authorized 
to issue a state certificate. 

SEC. 12. IN EFFECT. This act being deemed of immedi- 
ate importance shall take effect and be in force from and after its 
publication in the Register Leader and Des Moines Capital, news- 
papers published in tiie city of Des Moines, Iowa. 

PUBLISHING FALSE PEDIGREES, ETC.— PENALTY. 

Any person who shall fraudulently represent any animal, horse,, 
cattie, sheep or swine to be registered, or any person who shall post 
•or publish or cause to be posted or published any false pedigree or 

67 



The CORN i BELT Silo 




This cut is an actual photograph of Sample Silo set up at 
our office, 26th & O Streets, South Omaha, Nebraska. 

Call in and see same. We are sure that you will be pleased 
with it. We will take pleasure in showing same to you. 

Made for us by the PACIFIC TANK & SILO CO. 

Under Winner and Horder patents 

When you buy a Corn Belt Silo you get it Complete from 
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excepting the foundation. With every silo sold we furnish com- 
plete directions for erecting. Don't take an expert to erect it. 

Louis Bradford Lumber Company 

Wholesale and Retail Lumber, Lath, Shingles,- Etc. 
Office: 26th & Sts. So. Omaha, Neb. 



Dairy Profits 




The experience of many 
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Write for Booklet. 

Louis Bradford Lumber Company 

Wholesale and Retail Lumber, Lath, Shingles, Etc. 

Office: 26th & Sts. So. Omaha, Neb. 




-certificate of soundness, or shall use any stallion or jack over two 
years old for public service or sell, exchange or transfer any stallion 
or jack over two years old, representing such animal to be registered, 
without first having such animal registered, and obtaining the cer- 
tificate of soundness from the state board of agriculture, as herein- 
before provided, or who shall violate any of the provisions of this 
act, shall be guilty of a misdemeanor, and be punished by a fine of 
not more ifnan one hundred dollars, or imprisoned in the county jail 
not exceeding thirty days, or both by fine and imprisonment. 

WHEN EFFECTIVE— REPEAL— PENDING LITIGATION. 

This act shall take effect and be in force from and after the 
first day of January. 

LIEN UPON PROGENY OF STALLION FOR SERVICE FEE. 

SECTION 1. The owner or keeper of a stallion kept for pub- 
lic services who has complied with sections twenty-three hundred and 
forty-one-a (2341a), twenty-three hundred and forty-one-b (2341-b) 
twenty- three hundred and forty-one-c (2341-c) and twenty-three 
hundred and forty-one-d (2341-d), of the supplement to the code, 
1907 shall have a prior lien upon the progeny of such stallion to se- 
cure the amount due owner or keeper for the service of such stal- 
lion, resulting in said progeny, provided that where such owner or 
keeper misrepresents such stallion by false pedigree no lien shall be 
obtained. 

SEC. 2. LIMITATION OF LIEN. The lien herein provided 
for shall remain in force for a period of six months from the birth 
of said progeny and shall not be enforced thereafter. 

SEC. 3. ENFORCEMENT— PROCEDURE. The owner or 
keeper of such stallion may enforce the lien herein provided by placing 
in the hands of any constable an affidavit containing a description 
of the stallion and a description of the dam and the time and terms 
of service, and said constable shall thereupon take possession of said 
progeny and sell the same for non-payment of service fee by giving 
the owner of said progeny ten (10) days written notice which notice 
notice shall contain a copy of the affidavit and a full description 
-of i£ie progeny to be sold, and time and hour when, and the place 
at which the sale will take place, and posting for the same length of 
time in three public places in the township of such owner's residence 
a copy of such notice. If payment of t'lie service fee and the costs 
are not made before the date thus fixed the constable may sell at 
public auction to the highest bidder such progeny and the owner or 
"keeper of the stallion may be a bidder at such sale. The constable 
shall apply ,J Sae proceeds first in the payment of the costs, second, 
in the payment of the service fee. Any surplus arising from sale 
shall be returned to the owner of the progeny. 

SEC. 4. THE RIGHT TO FORECLOSE MAY BE CON- 
TESTED. The right of the owner or keeper to forclose, as well as 
the amount claimed to be due, may be contested by anyone interested 
in so doing, and the preceding may be transferred to the district 
court, for which purpose an injunction may issue, if necessary. 

Domestic Animals 

MEANING OF TERMS. As used in this chapter, the 
term "owner" used with reference to animals, means anyone 
entitle: 1 , to the present possession \thereof, th>e one having 
care or charge of them and the person holding the legal title to them, 
and as to land the person having title thereto, or the lessee or oc- 
cupant thereof; the term "stock" means cattle, horses, mules and as- 
ses; the term "animals" means all animals which may be distrained 
qmder this chapter; and "trespassing stock or animals" means those 

10 



unlawfully upon land, or running at large contrary to law or police- 
regulations. 

MALE ANIMALS RUNNING AT LARGE. The owner 
of any stallion, jack, bull, boar or buck shall restrain the 
same, and any person may take possession of any such animal run- 
ning at large in the county in which such person resides, or in 
which he occupies or uses real estate, and give notice thereof to any 
constable in the county where taken, who shall sell the animal so 
taken at public auction to the highest bidder for cash, having given 
ten days' notice of the time and place of sale describing the prop- 
erty, by posting the same in three public places in the township 
wherein such animal was found at large. Out of the proceeds of 
sale he shall pay all costs and any damage done by said animal, to 
be investigated and determined by him, and pay the remainder into 
the county treasury for the use of the county. If legal proof be made 
to $ie county auditor by the owner of said animal of his right there- 
to at any time within twelve months from the sale he shall order 
the proper amount to be paid to the owner out of any money in the 
treasury not otherwise appropriated. If the owner, or any person 
for him, shall, on or before the day of sale pay the costs thus far 
made, and all damages to be determined by the constable if the 
parties cannot agree and make satisfactory proof of his ownership, 
the constable shall release J Jhe animal to him. 

DISTRAINT DAMAGE FEASANT— RECOVERY.. Any ani- 
mal trespassing upon land fenced as provided by law may be 
distrained by the owner of such land, and held for all damages done 
thereon by it unless it escaped from adjoining land in consequence 
of the neglect of such land owner to maintain his part of a lawful 
partition fence. The owner of the land from which such animal 
escaped shall also be liable for such damages if it escaped therefrom 
in consequence of his neglect to maintain his part of a lawful par- 
tition fence, or if the trespassing animal was not lawfully upon his 
land, and he had knowledge thereof. If there be no lawful partition 
fence, and the line thereof has not been assigned either by the fence 
viewers or by agreement of the parties any animal trespassing 
across such partition line shall not be distrained, nor shall there be 
any liability therefor. 

WHAT ANIMALS NOT PERMITTED TO RUN AT LARGE. 
Swine, sheep and goats at all times, and, during the 
time and as required by a police regulation adopted according to 
law, stock shall be restrained from running at large. Animals thus ; 
prohibited from running at large when trespassing on land, or a 
road adjoining thereto, may be distrained by the owner of such land, 
and held for damages done by them, and for the costs provided in 
this chapter; but stock shall not be considered as running at large 
so long as it is upon unimproved lands and under the immediate 
care and efficient control of the owner or upon the public roads for 
travel or driving thereon under like care and control. But where a 
partition fence is required by law to be erected or maintained, stock 
escaping across such partition line shall be dealt with as provided 
in the preceding section. 

RECOVERY OF DAMAGES. Instead of distraining tres- 
passing stock or animals, the injured person may recover 
all damages caused thereby in an action against the owner 
thereof, and may join therein the owner of the land from which it 
escaped if he is liable therefor. If distrained stock or animals es- 
cape or are released without the consent of the distraining party, he 
may recover his damages as above provided, with costs, and J Jhe 
costs of distraint made prior to such escape or release. 

APPORTIONMENT OF DAMAGES. If there is more 
than one owner of distrained stock or animals, each may 
pay his rateable share of the damages and costs, and release his, 

73 



animals. If the injured party elects to sue therefor, he may join 
in one action all or any of such owners who have not paid their 
proportion of the damages and costs. 

ASSESSMENT OF DAMAGES— SALE. Within twenty- 
four hours after an animal has been distrained, Sunday not 
included the person distraining, or his agent, shall notify the owner 
of the animal thereof, and, if he fails to satisfy the damages and 
costs, such person shall within twenty-four hours after such notice 
to the owner verbally or in writing, request the township trustees 
to appear upon the premises to view and assess the damages. When 
two or more trustees have met, one of them having previously in- 
formed the owner of the animal of the time and place of meeting, 
they shall assess the damages and costs. If the owner of the dis- 
trained animal refuses or neglects for two days thereafter to pay 
the amount thus assessed, one of said trustees shall put up in three 
conspicuous places in the township notices describing the property, 
and naming a time and place of sale, which place shall be where the 
property is distrained, and time not less than five nor more than ten 
days thereafter /that said property will be soli between the hours of 
one and three o'clock in the afternoon. At the time and place of sale, 
•one of said trustees shall offer for sale and sell the property at pub- 
lic outcry to the highest bidder for cash, but no sale shall be made 
after having realized a sufficient* sum with which to pay the damages 
and costs, any remaining animals unsold to be at once returned to 
the owner, and also the surplus remaining if any, out of any sold. 
If for any reason a trustee cannot sit, the remaining trustees may 
appoint any disinterested citizen having the qualifications of a juror 
to act in his place. 

ASSESSMENT MADE— APPEAL. The trustees shall make 
their assessment in writing and file the same with the township 
clerk, which shall be recorded by him. Any person aggriev- 
ed by the action of the trustees may appeal t'o the district court of 
the county. The appeal bond conditioned to pay all costs and dam- 
ages, shall be filed with and the sureties approved by the township 
olerk, in a penalty double the value of the property distrained, or if 
the value of the property exceeds the amount of the damages claim- 
ed, then double the amount of the damages and costs. Notice of 
such appeal shall be given within five days and in the same man- 
ner as in appeals from a judgment of a justice of the peace. The 
appellant shall file an appeal bond within three days, Sunday not 
included, from the filing of the finding of the trustees, and when an 
appeal is thus taken by the claimant, the distrained stock or animals 
shall be held for t'he satisfaction of such judgment as may be ren- 
dered on appeal but the owner of said stock or animals may release 
the same at any time before judgment, by filing with the township 
clerk before the appeal is certified, or with the clerk of the district 
court? thereafter, a bond with sufficient sureties to be approved by the 
elerk with whom filed, conditioned to pay all damages and costs 
recovered in said cause on appeal. The clerk receiving such bond 
shall file the same, and forthwith certify the fact to the person hav- 
ing charge of the distrained stock or animals, who shall thereupon re- 
lease the same t'o the owner. Where the owner appeals and files a 
bond, as herein provided it shall operate as a supersedeas, and the 
distrained stock or animals shall be released to him. Within five days 
after the taking of the appeal, the township clerk shall make out a 
certified transcript of the record of the finding of the trustees, and 
file the same together with the notice of appeal, if in writing, and 
the bond with the clerk of the district court. 

ESCAPE OR RELEASE-^RECAPTURE. If any distrain- 
ed animal escape or is unlawfully released, the injured person 
may recapture the same, and proceedings under this chapter shall con- 
tinue until the assessment of damages is made, which shall be con- 

72 



When 
You Ship 



Your Cattle, Hogs or Sheep 



The man behind the Sale should be your first and greatest consid- 
eration. If YOU want the best results, and for the RIGHT MAN 
behind YOUR Sale consign to us. 



Our Service Cannot 
Be Excelled 



100 or 200-lbs. saved in shrink adds to your profits, and every 
extra nickel means $8.00 or $10.00. Think it over. We do not 
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BILLING. We want you to know our System. It stands for Ex- 
perience, Energy, and Salesmanship. Give us YOUR NEXT 
SHIPMENT, IT WILL BE HANDLED WITH EXTREME CARE 

For market reports, phone, wire or write us, and for proper re- 
sults consign to us. 



The Big 4 
Live Stock 
Commission Co. 



We are Live Stock Commis- 
sion Merchants and we solicit 
your consignments of live 
stock which you ship to the 
Sioux City Market. 



We Cordially Invite 
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Make Our Office Your Head- 
quarters When in Sioux City 



FITZSIMMONS - PEIRCE 

Live Stock Commission Company 



elusive unless appealed from. Notice of the sale of such animal 
shall be given by the trustees as soon as possession thereof is regain- 
ed by the distrainor, and the property sold accordingly, unless he 
regains such possession before the day of sale as originally fixed, 
in which event the property shall be soldi under the first notice. 

PUNISHMENT FOR UNLAWFUL RELEASE. If any- 
one, without leave of the person having any animal under 
distraint, release the same, he shall be guilty of a misdemeanor. 

E STRAYS. Any animal of an unknown owner running 
at large or trespassing within a lawful inclosure is an es- 
tray, and may be taken up by any householder in the county, except 
an unbroken animal between the first day of May and the first day 
of November, where such unbroken animal is not required to be re- 
strained by a police regulation. 

TAKING UP. If any animal, liable to be taken up as 
an estray comes upon any householder's premises, any person may 
notify him of the fact, and, if he fail to take up such estray for more 
than five days thereafter, any other householder in the same town- 
ship may take it up and proceed with it as if teken upon his own 
premises if he shall produce proof to a justice of the peace of the 
service of such notice. All persons taking up stray animals shall 
state under oath before said justice where the same were taken up. 

NOTICES POSTED. Any person taking up an estray 
shall within five days thereafter post up a written notice in 
three of the most public places in the township, which notice shall 
contain a full description of said animal and a statement as to where 
the same was taken up. Unless such es'Jray shall have been previous- 
ly claimed by the owner, the person taking it up shall within ten 
days go before a justice of the peace in the township in which the 
estray was taken up, or, in case there is no justice in the township, 
then before the next nearest justice in the county, and make oath to 
the correctness of said notice, together with a statement attached 
thereto as to whether the marks or brands of said animal have been 
altered to his knowledge either before or after the same was taken 
up, which notice shall be recorded by the justice in his estray book, 
and within five days forwarded by him to the county auditor, who 
shall enter the same in the estray book in his office, and shall cause 
a copy of said notice to be posted at the court house door. 

PUBLICATION. If the estray is stock, the auditor 
shall cause the notice to be published once each week for three 
weeks in some newspaper in the county. 

FEES AND EXPENSES. The person taking up an estray 
shall pay the fee of the justice for administering the oath, 
recording t'he notice in his estray book and forwarding the notice to 
the auditor, and shall also pay to the justice, to be transmitted to 
the auditor, the fee of the auditor for entering the notice in his es- 
tray book, and for posting a copy of the notice, and also, if the estray 
is stock, the sum of one dollar and fifty cents te cover the expense of 
publishing the notice, which amount so paid in advance for fees and 
expenses, together with tfie compensation allowed by law shall be 
refunded to the person taking up such estray by the owner of it, in 
case restitution is made to him. If two or more estrays are taken 
up at the same time by the same person, they shall be included in one 
notice, and but one fee shall be paid therefor, and if only a part of 
the stock thus included is restored to the owner, a proportionate 
amount of such fees and expenses shall be refunded. 

PROPERTY VESTS, WHEN. If the estray be stock, 
and be not claimed by the owner within one year, or, being 
any other domestic animal, be not claimed by the owner within six 
months from the time it is taken up, the property therein shall vest 
in the taker up, if he has complied with the provisions of this 
chapter. 

73 



RECOVERY BY OWNER. At at time before the prop- 
erty in the estray vest in the person who has taken it up, 
the owner shall be entitled to recover possession of it on paying to 
the person who has taken it up the compensation to which he is en- 
titled by law, and the fees and expenses which he has paid out in 
advance, together with any reward which has been offered by the 
owner and a reasonable allowance for the expenses of keeping such 
estray, taking into account the use which t'he person taking up has 
had of it, which allowance shall be made by the justice of the peace 
before whom a proceeding to recover the animal shall be brought in 
the event the owner and the taker-up cannot agree with reference 
thereto 

VALUE RECOVERED. At any time within six months 
after the property in an estray has vested in the taker-up, 
the owner shall be entitled on demand to be paid by the said taker- 
up the value of the estray not including any increased value which 
f has accrued since it was taken up, after deducting therefrom the com- 
pensation, reward, fees and expenses referred to in the preceding sec- 
tion; or the taker-up may, at his option, elect to surrender the es* 
tray, if still in his possession, in which case the owner must pay 
such compensation, reward fees and expenses. 

USE OR APPROPRIATION. Any person legally taking 
up an esray may use or work it, if he does so with care and 
moderation and does not abuse or injure it. But if any person un- 
lawfully take up any estray or take up any estray and fail to com- 
ply with any of the provisions of this chapter, or use or work it in 
any manner contrary to this chapter, or work it' before having it ap- 
praised, or keep it out of the county for more than five days at any 
one time before he acquires a title to it he shall forfeit to the county 
twenty dollars, to be sued for by any person in the county; and the 
owner of the estray may also recover from such offender double the 
amount of ifne injury sustained, with costs. Estrays adapted thereto 
may be bred and milked by the taker-up. 

FINDER NOT LIABLE. If any estray, legally taken 
up, escape from the finder or die without any fault on his part, 
he shall not be liable for the loss. 

PENALTY AGAINST FINDER. If any person shall 
sell, trade or take out of the state any estray before the legal 
title shall have vested in him, he shall forfeit to the owner double 
its value, and shall also be guilty of a misdemeanor. But the auditor 
may authorize the taker-up to transfer the estray to another, who 
shall take the place of his predecessor. 

PENALTY AGAINST OFFICER. If any printer, auditor 
or justiee of the peace fail to perform the duties enjoined 
upon him in this chapter in relation to estrays, ,he shall forfeit to 
the county not less than five nor more than fifty dollars, to be sued 
for by any person in the county. 

BOND TO RELEASE. Before' any property held under 
this chapter vests in the taker-up it may be released at once 
upon the owner giving to the holder a- bond to be approved by the 
justice of t'he peace before whom the proceedings concerning the 
property have been had conditioned to pay to the holder of the 
property, within twenty days after such approval, all costs and dam- 
ages to which he is entitled on account of his action and loss in the 
matter. 

MARKS AND BRANDS. The board of supervisors of 
each county shall procure, at the expense of the county, a 
book for each civil township, to be in the custody of the township 
clerk, in which to record the marks and brands of horses, sheep, 
hogs and other animals. 

RECORD. Any person wishing to mark or brand his 
domestic animals with any distinguishing mark may adopt his 

74 



own mark, and have a description thereof recorded, by the clerk of 
the township in which the owner lives, for which such clerk shall re- 
ceive a fee of twenty-five cents. 

MARK PREVIOUSLY RECORDED. No jperson shall 
adopt a mark or brand previously recorded to another person 
residing in the same township nor shall the clerk record the same 
one to two persons, unless on their joint application. 

ABANDONED ANIMALS. Any person may take charge 
of any animal whose owner has abandoned it, or fails to 
properly take care and provide for it, and may furnish the same 1 
with proper shelter, nourishment and care at the owner's expense, 
and shall have a lien on such animal for the same, which, at the 
expiration of three months, shall become a perfect title to the prop- 
erty. 

FOOD AND WATER SUPPLIED. In case any animal 
impounded or otherwise confined shall be without necessary 
food or water for more than twelve successive hours it shall be 
lawful for any person, as often as necessary, to enter the pound, in- 
closure or building, and supply it with necessary food and water 
so long as it shall remain so confined, and the reasonable cost of the 
same may be collected by him from the owner of the animal. 

DISEASED ANIMALS KILLED. The sheriff, constable, 
police officer, officer of any society for the prevention of 
cruelty to animals, or any magistrate shall destroy any horse or 
other animal disabled and unfit for further use. 

DOGS KILLED. It shall be lawful for any person to 
kill any dog caught in the act of worrying, maiming or kill- 
ing any sheep or lamb or other domestic animal, or any dog attack- 
ing or attempting to bite any person, and the owner shall be liable 
to the party injured for all damages done by his dog, except when 
the party is doing an unlawful act. The provisions of fthis section 
shall not apply to any damage done by a dog affected with hydro- 
phobia. 

Live Stock Running at Large 

RESTRAINING LIVE STOCK— 'SUBMISSION TO VOT- 
ERS. The board of supervisors may submit to the people of the 
county at any regular election, or at a special one called for tha$ 
purpose, and on the petition of one-fourth of the legal voters must 
submit, one of the following questions of police regulation: 

1. Shall stock be restrained from running al? large? 

2. Shall stock be restrained from running at large between 
sunset and sunrise? 

3. Shall stock be restrained from running at large from the 
first day of (naming the month) in each year, until the first day of 
(naming the monlfn) following? 

4. Shall stock be restrained from running at large between sun- 
set and sunrise from the first day of (naming the month) in each 
year, until the first day of (naming the month) following? 

The word "stock" as used in this section shall have the same 
meaning as in the chapter of this code relating to domestic animals. 

Criminal — Amimals 

INJURIES TO BEASTS. If any person maliciously 
kill, maim or disfigure any horse, cattle or other domestic 
beast of another or maliciously administer poison to any such ani- 
mal; or expose any poisonous substance with intend that the same 
should be taken by such an animal, he shall be imprisoned in the pen- 
itentiary not exceeding five years, or imprisoned in the county 
jail not exceeding one year, or be fined not exceeding three hundred 
dollars. 

75 



DRIVING AWAY STOCK. If any person knowingly 
or wilfully drive off or suffer or permit to be driven off, any 
stock of another to a distance exceeding one mile from the residence 
of the owner, or of his agent' having charge of such stock, or the 
range in which such stock is usually in the habit of running, without 
the consent of such owner or agent, he shall be fined not exceeding 
one hundred dollars, or be imprisoned in the county jail not exceed- 
ceeding thirty days; and any justice of the peace in any county 
through which the stock thus driven off should pass, or in which it 
may be found, shall have jurisdiction of the offense. 

DISTURBING STOCK. Any person who knowingly dis- 
charges firearms of any description within, or in the im- 
mediate vicinity of, any inclosure where cattle, hogs or sheep are 
being fed for the purpose of fattening the same; or any person who 
enters such inclosure with firearms or dog unless such person shall 
be the owner of said stock, or have the control of the same, or shall 
have permission from such owner or the person having control there- 
of to enter said premises, shall be guilty of a misdemeanor. 

TO FENCE, PRODUCE OR FIXTURES. If any per- 
son maliciously or mischievously break down, mar, deface or in- 
jure any fence, hedge or ditch inclosing lands belonging to another; 
or throw down or leave open any gate or bars not his own or under 
his charge, whereby an injury is done to another; or malicously in- 
jure destroy or sever from the land of another any produce thereof, 
or anything attached thereto, he shall be imprisoned in the county jail 
not more than one year, or be fined not exceeding five hundred dol- 
lars or both. 

CRUELTY TO ANIMALS. If any person torture, tor- 
ment, deprive of necessary sustenance, mutilate, overdrive, 
cruelly beat' or cruelly kill any animal, or unnecessarily fail to pro- 
vide the same with proper food, drink shelter or protection from the 
weather, or drive or work the same when unfit for labor or cruelly 
abandon the same, or carry or cause the same to be cruelly carried 
on any vehicle or otherwise, he shall be imprisoned in the county 
jail not exceeding thirty days, or be fined not exceeding one hundred 
dollars. 

BY RAILWAYS WHEN TRANSPORTING. No railway 
company in this state in the carrying or transportation of 
cattle sheep, swine or other animals, shall confine the same in cars 
for a longer period than twenty-eight consecutive hours, unless de- 
layed by storm or other accidental cause, without unloading for rest 
water and feeding for a period of at least five consecutive hours. In 
estimating such confinement tihe time the animals have been con- 
fined without such rest on connecting railways from which they are 
received shall be computed, it being the intention of this section to 
prevent t'heir continuous confinement beyond twenty-eight hours, ex- 
cept upon the contingencies before stated; and animals unloaded for 
rest water and feeding shall be properly fed, watered and sheltered 
during such rest by the owners or persons in custody thereof, and 
said company shall have a lien upon such animals for food, care and 
custody furnished and shall not be liable for any detention of such 
animals authorized by this section. But when such animals shall 
be carried in cars in which they shall and do have proper food, water, 
space and opportunity for rest the foregoing provisions in regard to 
their being unloaded shall not apply. Any railway company, owner or 
custodian of such animals, who shall fail t'o comply with the provi- 
sions of this section shall, for each and every such offense, be liable 
for and forfeit and pay a penalty of not less than one hundred nor 
more than five hundred dollars. 

IMPOUNDING ANIMALS WITHOUT FOOD AND WATER 
If any person impound or confine, or cause to be im- 
pounded or confined, in any pound or other place, any creature, 

76 



and fail to supply the same during such confinement with a suffi- 
cient quantity of f°°d and water, he shall be guilty of a misdemeanor. 

BRINGING DISEASED SHEEP INTO THE STIATE. 
If the owner of sheep or any person having the same " in 
charge, knowingly import or drive into this state sheep having any 
contagious disease; or knowingly turn out or suffer any sheep having 
any contagious disease to run at large upon any common, road or 
uninclosed land; or sell or dispose of any sheep knowing the same 
to be so diseased he shall be fined in any sum no 7 J less than fifty 
nor more than one hundred dollars. 

BRINGING IN DISEASED HORSES, MULES, ETC. 
If any person knowingly import or bring within the state any 
horse, mule or ass affected by the diseases known as nasal gleet, glan- 
ders or button-farcy, or suffer the same to run at large upon any 
common, road or uninclosed land or use or tie the same in any public 
place, or off his own premises, or sell, trade or offer for sale or trade 
any such animal, knowing the same to be so diseased, he shall be 
fined not less than fifty nor more than five hundred dollars., or be 
imprisoned not to exceed one year in the county jail, or both. 

ALLOWING DISEASED HORSES, MULES, ETC., TO 
RUN AT LARGE. If any horse, mule, or ass reasonably 
supposed to be diseased with nasal gleet, glanders or botton-farcy, be 
found running at large without any known owner, it shall be lawful 
for the finder thereof to take such animal so found, before some jus- 
tice of the peace, who shall forthwith cause the same to be exam- 
ed by some veterinary surgeon, or other person skilled in such dis- 
eases and if on examination, it is ascertained to be so diseased, i J J 
shall be lawful for such justice of the peace to order such diseased 
animal to be immediately destroyed and buried; and the necessary 
expense accruing under the provisions of this section shall be de- 
frayed out of the county treasury. 

SWINE DYING FROM DISEASE. The owner or person 
having charge of any swine any of which die or are killed on 
account of any disease, shall upon such fact coming to his knowledge, 
immediately burn the same. 

NOT TO BE SOLD. No person shall buy, sell, or 
deal in or give away or offer to buy, sell or deal in, any swine that 
have died of any disease or have been killed on acocunt of any 

NOR CONVEYED ALONG HIGHWAY. No person 
shall convey upon or along any public highway or other public 
ground, or any private land except that owned or leased by him, any 
diseased swine or swine t'hat have died of or have been killed on 
account of any disease. Upon the trial for the violations of the pro- 
visions of this section, the proof that any person has hauled or is 
hauling dead swine from a neighborhood in which swine have been 
dying or are at the time dying, from any disease, shall be presump- 
tive evidence of his guilt. 

ALLOWING DISEASED HOGS TO ESCAPE. It shall 
be unlawful for any person negligently or wilfully to allow 
his hogs or those under his control, infested with any disease, to es- 
cape his control or run at large. 

PENALTY. Any person violating or failing to comply 
with any provision of the four preceding sections shall be 
fined not less than five nor more than one hundred dollars or be 
imprisoned in the county jail not* to exceed thirty days, or both. 

BRINGING DISEASED CATTLE INTO STATE. Any 
person driving any cattle into the state, or any agent, servant 
or employee of any railroad or other corporation who shall carry, 
transport or ship any cattle into this state, or any railroad company 
or other corporation or person who shall carry, ship or deliver any 
■cattle into this stat'e or the owner, controller, lessee or agent or em- 

77 



ploye of any stock yard, receiving into such stock yard, or in any 
other inclosure for the detention of cattle in transit or shipment or 
reshipment' or sale any cattle brought or shipped in any manner into 
this state which at the time they were either driven, brought, shipped 
or transported into this state, were in such condition as to infect with 
or to communicate to other cattle pleuro-pneumonia or splenitic or 
Texas fever, shall be fined not less than t'hree hundred and not more 
than one thousand dollars or be imprisoned in the county jail not 
exceeding six months, or both. 

ACTION FOR DAMAGES. Any person who shall be 
injured or damaged by any acts prohibited in the preceding sec- 
tion, in addition to the therein provided may recover ifne actual dam- 
ages sustained by him from the person, agent employe or corporation 
therein mentioned, and neither said criminal proceeding nor said 
civil action shall be a bar to a conviction or to a recovery in the 
otthe-r. 

RACING OR FAST DRIVING ON HIGHWAYS. Any 
person who shall be guilty of racing or driving upon, public 
highway in a manner likely to endanger the persons, or lives of 
others, shall be guilty of a misdemeanor, and shall be fined not ex- 
ceeding one hundred dollars or be imprisoned in the county jail not 
exceeding thirty days. 

Diseased Stock and Quarantine Laws 

APPOINTMENT— QUALIFICATION. The state veterinary 
sugeon shall be appointed by the governor, subject to re- 
moval by him for cause, who shall hold office for three years. 
He shall be a graduate of some regularly established veterinary col- 
lege, skilled in that science, and shall be by virtue of his office a mem- 
ber of the state board of health. 

POWERS— REGULATIONS. He shall have supervision 

of all contagious and infectious diseases among domestic 
animals in, or being driven or transported through, t'he state and 
is empowered to establish quarantine against animals thus diseased, 
or that have been exposed to others thus diseased, whether within 
or without? the state, and , with the concurrence of the state board of 
health, may make such rules and regulations as he may regard neces- 
sary for the prevention and suppression and against the spread of 
said disease or diseases which rules and regulations the executive 
council concurring, shall be published and enforced, and in the per- 
formance of his duties he may call for the assistance of any peace 
officer. 

PENALTY FOR INTERFERING WflTH. Any person 
who wilfully hinders, obstructs or resists said veterinary surgeon 
his assistants or any peace officer acting under him or them, when 
engaged in the duties or exercising the powers herein conferred, or 
violates any quarantine established by him or them, shall be guilty 
of a misdemeanor. 

REPORT. iSaid surgeon shall biennially make a full 
and detailed report of his doings since his last report to the 
governor including his compensation and expenses, which report shall 
not exceed one hundred and fifty pages of printed matter. 

DUTIES— DEPUTIES. Whenever a majority of any 
board of supervisors or township trustees, or any city or town 
council, whether in session or not 1 shall in writing notify the governor 
of the prevalence of, or probable danger from any of said diseases, 
he shall notify the veterinary surgeon, who shall at once repair to 
the place designated in said notice and take such action as the ex- 
igencies may demand and the governor may, in case of emergency, 
appoint a substitute or assistants with like qualifications, and with 
equal powers and compensation. 

78 



DESTRUCTION OF STOCK— COMPENSATION— APPEAL. 
Whenever in the opinion of the state veterinary surgeon 
the public safety demands the destruction of any stock, the same 
may be destroyed upon tee written order of such * surgeon with the 
consent of the owner, or upon approval of the governor, and by vir- 
tue of such order such surgeon his deputy or assistant, or any peace 
officer, may destroy such diseased stock, and the owner thereof shall 
be entitled to receive its act'ual value in its condition when condemn- 
ed to be ascertained and fixed by the state veterinary surgeon and 
the nearest justice of the peace, who, if unable to agree shall call 
upon the nearest' or other justice of the peace upon whom they agree 
as umpire, and their judgment shall be final when the value of the 
stock, if not diseased, would not exceed twenty-five dollars; but in all 
other cases either party shall have the right of appeal te the district 
court but such appeal shall not delay the destruction of the diseased 
animals. The veterinary surgeon shall at once file with the gover- 
nor his written report thereof, who shall, if found correct indorse his 
finding thereon, whereupon the auditor of state shall issue his war- 
rant therefore upon the treasurer of the state who shall pay the same 
out of any moneys at his disposal under the provisions of this act, but 
no compensation shall be allowed for stock destroyed while in transit 
through or across the state, and the word "stock" as herein used 
shall be held to mean catt'le, horses mules and asses. 

CO-OPERATION WITH UNITED STATES. The governor 
with the veterinary surgeon, may co-operate with the 
government of the United States for the objects of this chapter, and 
the governor may accept and receipt for any moneys receivable by 
the state under the provisions of any act of congress which may at 
any time be in force upon this subject, and pay the same inte the state 
treasury to be used according to the act of congress and the provisions 
of this chapter as nearly as may be. 

COMPENSATION OF ASSISTANTS. Any person, except 
the veterinary surgeon, called upon under the provisions 
of this chapter, shall be allowed and receive two dollars per day 
while actually employed. 

COMPENSATION OF VETERINARY SURGEON. When 
engaged in the discharge of his duties the veterinary surgeon 
shall receive the sum of five dollars per day and his actual expenses, 
the claim therefor to be itemized verified, accompanied with written 
vouchers and filed with the stete auditor, who shall allow the same 
and draw his warrant upon the treasury therefor. 

SHEEP INSPECTOR. The board of supervisors of any 
county, when notified in writing by five or more sheep own- 
ers of such county that sheep disease with scab., or any other malig- 
nant, contagious disease, exists in such county, shall at any regular 
or special meeting appoint a suitable oerson as county sheep inspec- 
tor, who shall take the oath of office, whose duties shall be as here- 
inafter prescribed and whose term of office shall be two years and 
nntil his successor is appointed and qualified. 

TREATMENT OF DISEASED SHEEP. It shall be the 
duty of the sheep inspector, upon the complaint of three or 
more sheep owners that any sheep within his jurisdiction have the 
scab or any other malignant, contagious disease, to immediately in- 
spect and report in writing the result of his inspection to the county 
auditor, to be filed by him for reference by the board of supervisors 
•or any party concerned. And if he deem it necessary, in order to 
prevent the spread of the disease 1 to the sheep of the other owners, 
ne shall command the owner or agent to dip or otherwise teeat such 
diseased sheep, and shall inspect such diseased sheep every month 
"thereafter until such disease shall be eradicated. 

EXPENSES. It shall be the duty of the sheep in- 
spector to dip or otherwise treat such diseased sheep, should the 

79 



owner or agent refuse to do so, and all costs, expenses and charges, 
together with a per diem of three dollars per day shall be charged 
against the owner of such sheep and shall be a lien thereon, and 
may be recovered in an action. 

COMPENSATION OF INSPECTOR. Such compensation 
for the inspector shall be three dollars per day, and shall 
be paid by the owner of the sheep, or his agent if the disease is 
found to exist. In case no disease is found to exis'ty the complain- 
ants shall pay such fee. 

INSPECTION OF SHEEP FROM OUTSIDE THE 
STATE. Upon the arrival of any flock of sheep within the 
state from a distance of more than twenty miles outside the boun- 
daries of the state the owner or agent shall notify the inspector of 
the county in which- such sheep are being held, and he shall inspect 
the flock at the expense of the owner or agent; and if the sheep are 
found sound shall furnish the owner or agent a certificate, which 
shall be a passport to any par'j of the state; but sheep in transport 
on board of railroad cars or passing through the state on such cars,, 
shall not come within the provisions of this section. Any violation 
of, or failure to comply with, the provisions of this and the four 
preceding sections by the owner of any sheep shall subject him to a. 
forfeiture of not to exceed one hundred dollars which shall be a lien 
on such sheep, and shall be recovered in an action by the county. 

COMPENSATION UNDER THIS CHAPTER. The com- 
pensation for services under this chapter >shall be as follows: 

1. For distraining stock, fifty cents for each head not exceed- 
ing two, and twenty-five cents for each additional head taken on one 
distraint ; 

2. For distraining each stallion, jack or bull, one dollar; for 
distraining each boar or buck fifty cents; 

3. For distraining any other animals, twenty-five cents each, 
not exceeding four and ten cents for each additional head; 

4. For keeping male stock named in section twenty-three hun- 
dred and twelve of this chapter fifty cents a day, and all other stock 
twenty-five cen'Js a day, from the time the same is taken up; 

5. For keeping any other animals, ten cents a day from the 
time the same is taken up; 

6. For posting notices and selling male animals the same fees 
as are allowed constables for like services upon execution; 

7. For taking up as an estray one head of stock, fifty cents, 
and twenty-five cents for each additional head at one time; 

8. For taking up any other kind of estray animals, fifteen 
cents each; 

■ 9. To the justice of the peace, for all services in each case of 
taking up estrays, fifty cents; 

10. To the county auditor for all services in each case of es- 
trays including posting and publishing notice, but not including the 
fee of the printer, fifty cents; 

11. To the township trustees for posting notices, twenty-five 
cents, and services not otherwise provided for, the same fees as are al- 
lowed in assessing damages done by trespassing animals, with five 
cents mileage each way; 

12. To the township clerk, ten cents per each hundred words 
entered of record, the same fees for a copy thereof, and in addition 
twenty-five cents for his certificate thereto; and fifty cents for filing 
and approving an appeal bond. 

ERADICATION OF HOG CHOLERA. 
REGULATIONS ACCEPTED. 'The governor is hereby 
authorized to accept on behalf of the state, any rules and 
regulations prepared by the secretary of agriculitare of the United 
States for the eradication of hog cholera or swine plague in one or 
more counties of this state, and he, together with the state vetteri- 

80 



Sioux City 
Live Stock 
Commission 
Company 



"Home Market for the 
Great Northwest" 



The best informed Live Stock Growers 
and Shippers have found that the 
MOST NET MONEY 

is almost invariably secured 
by shipping their stock to 
this market. 



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Stock Yards 



Florida Investments 
Multiply Rapidly 



Government reports are respons- 
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every acre under cultivation in 
FLORIDA we can make three 
times as much per acre as any 
other place in the United States. 



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investment in FLORIDA CITRUS LANDS is one of the surest 
producers for old age on the market today. 

In 1902 George E. Koplin of Winter Haven, Florida, purchased 
7 1-2 acres of Citrus Lands in the Haines City district. His re- 
turns in 1906 were $250 an acre net, and in 1912 his income from 
this tract was $11,902.31; a net income cf over $1,000 an acre. We 
believe he has made a good investment. What do you think? 

No Crop Failures in 50 Years 

We are offering land in this section where six (brothers of us have 
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Florida Lake Region 
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408 First National Bank Bldg., Omaha, Nebr. 



nary surgeon may co-operate with the government of the: Itnxofeai? 
Spates for the objects of this act. 

FEDERAL INSPECTORS. The inspectors of the ftxreara 
of animal industry of the United States department of 7 agpri— 
culture shall have the right of inspection, quarantine and condem- 
nation of animals affected with hog cholera or swine plague or* sus- 
pected to be so affetced or that have been exposed to this disease, 
and for these purposes are hereby authorized and empowered' tfc* &a* 
ter upon any ground or premises. It is hereby made the 1 ctotg? *M 
sheriffs, constables and peace officers to assist such inspectors- wfeeiu 
so requested; and said inspectors shall have the same powers'- asuB 
protection as peace officers while engaged in the discharge of J jh.enr 
duties. 

DISEASED ANIMALS DESTROYED— COMPENSATOR 

Whenever any swine in the district specified k» t&e 
regulations are found to be affected with or to have been exposed tm> 
hog cholera or swine plague, said swine may be condemned and? de- 
stroyed; and the owners of all swine destroyed under J jhe provisions^ 
of this act shall be entitled to receive a reasonable compensatiSBfe 
therefor but not more than the actual value in the condition when* 
condemned. In case of failure on the part of the inspector and tire* 
owner to agree as to the amount of compensation, the swine shall 1x& 
appraised by a board of citizens of this state, one of whom? ma^ h&- 
appointed by the inspector, one by the owner of the swine r and? tfefe 
two thus appointed shall select a third, and these together shall pro- 
ceed to appraise the amount to be paid to the owner for the animals; 
destroyed. Such appraisal shall be made under oath and shall h» 
final when the value of the animals does not exceed one hundred 6Tdl~- 
lars, but in all other cases eit'her party shall have the right of appeal . 
to the district court but such appeal shall not delay the destruction. -. 
of the diseased or exposed animals. 

EXPENSES. All expenses of quarantine, condemnations 
and destruction of swine under the provisions of this act, ana: 
the expenses of any and all measures that may be used to eradicate 
hog cholera shall be paid by the United States, and in no case shall' 
this state be liable for any damages or expenses of any kind vender 
the provisions of t T his act. 

PENALTY. Any person violating any order of qttear* 
antine made under this act, or any regulations prescribed by tfn* 
secretary of agriculture and accepted by the governor of this- state 
for the eradication of hog cholera, shall be guilty of a misdemeanor,, 
and upon conviction shall be punished by a fine of not less tham 
twenty-five dollars nor more than one hundred dollars. 

HOG CHOLERA SERUM. 

SECTION 1. HOG CHOLERA SERUM— LABORATOWJ?^ 
SUPERVISION— DIRECTOR AND ASSISTANTS— HOW AP- 
POINTED. The state board of education is hereby authorized an# 
directed to establish at Ames, Iowa in connection with the lowa^ 
state college of agriculture and mechanic arts, a laboratory for th£ 
manufacture of hog cholera serum toxines, vaccines and biological 
products and to provide the necessary equipment therefor. TIb#* 
president of said college shall appoint the director of said laboratoary 
and such assistants as are deemed necessary to efficiently^ eaapry- <&m 
said work and shall, with the approval of said board fix the- salaries- 
of said assistants. 

SEC. 2. SERUM— HOW SOLD. The director of said labora- 
tory shall on application, furnish said serum to any person withitt* 
the state of Iowa for use in his herd only, together with -jspeeifie 
instructions for the use of same, at the approximate cost of mami-^ 
facture, and such cost shall be stated on the package. Any surplus^ 
serum or other biological products may be sold by said director at a& 

81 



treasonable profit to any applicant outside of the state. The director 
of the serum laboratory is authorized to purchase serum or other bio- 
logical products which he deems reliable and he may sell yhe same 
at approximate cost in the same manner as products of the labora- 
tory are sold at any time it appears to him that the available sup- 
ply will not be sufficient' to meet the demand. 

SEC. 3. MONEYS RECEIVED— WHERE DEPOSITED— 
VOUCHERS ISSUED— EXPENSES. The director shall issue re- 
ceipts for all moneys received by him for serum and other biological 
products sold and shall deposit all such funds with the treasurer of 
the college, which treasurer shall be responsible on his bond for the* 
same. Upon receipt of said moneys the said treasurer shall issue 
duplicate receipt's therefor, one of which he shall deliver to the 
director and the other to the secretary of the state board of educa- 
tion. Said moneys shall be kept by said treasurer in the separate 
fund to be known as t'he serum fund, and he shall pay out from 
said fund as other college funds are expended, but only for expenses; 
-directly connected with the maintaining of said laboratory and the 
manufacture, purchase and distribution of said serum and biological 
/products. 

SEC. 4. DIRECTOR TO DECLARE STANDARD OF POTEN- 
CY— PERMITS TO SELL— HOW ISSUED— FEES. The director 
of said laboratory shall have t'lie 1 power and it is made his duty to 
establish and declare the standard degree of potency of hog cholera 
serum for successfully treating, curbing and controlling hog cholera 
or swine plague. Any person, firm, company or corporation, before 
selling or offering for sale within this state any hog cholera serum, 
shall first make application to fthe director of the laboratory herein 
created, for permission to sell the same in the state. Said applica- 
tion shall give the name of said person, firm, company or corporation 
with its place or places of business. Such other information and 
samples of serum shall be furnished whenever required by t'he di- 
rector. If the director is satisfied that said person firm, company or 
coporation is fit, proper and reliable, upon the furnishing of a bond 
In the 1 sum of one thousand dollars ($1 000.00) by said applicant, 
which bond shall be approved by the director, he shall issue to said 
/person, firm, company or corporation a permit to sell »sajd serum 
within the state for a period of one calendar year or part thereof, 
:for which permit he shall collect the sum of twenty-five dollars. 
($25.00), which money shall be deposited and handled the same as 
Tmoneys received for the sale of serum. At the time of issuing said 
permit the said director shall deliver to said applicant a statement 
showing the standard or degree of potency of hog cholera serum as es- 
tablished by said director and said permit may aft any time be re- 
voked and cancelled by said director when it becomes evident to him 
that the terms on which it was issued are being violated. No hog 
cholera serum shall be sold or offered or kept for sale or use, or be 
used in this state which is below the standard test of potency estab- 
lished by the director, except for experimental purposes at the place 
of manufacture 1 of hog cholera serum and under the direction of the 
^manager thereof. 

SEC. 5. INSPECTION— FORFEITURE. The bond required 
in section four (4) of this act, shall be to the effect that the person, 
firm, company or corporation holding a permit shall forfeit and pay 
to the director the sum of five hundred dollars ($500.00) whenever 
upon inspection it shall be ascertained that any serum kept for sale 
or distribution or offered for sale by any person, firm, company or 
corporation is below the standard provided for by the director, which 
*noney shall, when collected, be deposited and handled the same as 
^moneys received from the sale of serum. The attorney general is 
.hereby authorized and it is his duty to proceed upon the bond to 
<collect the amount forfeited. 

82 



SEC. 6. VIRUS— HOW SOLD— BY WHOM— VIOLATIONS- 
PUNISHMENT. The director of said laboratory is authorized to 
procure virulent blood or virus from cholera infected hogs and to dis- 
tribute the same at approximate cost for use with hog cholera serum 
and under restrictions concerning payments as established in section i 
three (3) of this act. No person firm, company or corporation shall: 
distribute or sell any portion of virulent blood or virus from cholera., 
infected hogs unless permitted in writing so to do by the director of 
said laboratory and under such regulations as the said director may 
issue, and such permit shall specify the time and place, and when 
and where the said virus may be used. And no person shall use any 
portion of virulent blood or virus from cholera infected hogs unless he- 
has received special instruction in reference te such use of such viru- 
lent blood or virus which is satisfactory to the director of said labor- 
atory and said director has issued a permit to such person^ 
and such permit shall be cancelled by said director for cause which 
said director may deem sufficient; provided that these restrictions shalE 
not apply to official work of, first, veterinary members of tiie animal: 
health commission or, second, representatives of the United States?- 
bureau of animal industry; but all virulent blood or virus used by such: 
persons shall be reported to the director of the serum laboratory iir 
such manner as he may require. Any person, firm, company or 
corporation violating the terms herein stated shall be punished the- 
same as provided for in section eight (8) of this act. 

SEC. 7. SEIZURE— EXAMINATION. The director of said: 
laboratory or the stete veterinarian or their duly qualified deputies- 
or assistants are hereby authorized to seize and forward to the state 
laboratory for examination, samples of any serum or virus used or 
kept for use or for sale within this state, at any time or any place., 
under the police and health regulations in force in this state. The 
director of the state laboratory shall have power to condemn or de- 
stroy any serum or virus which he deems to be unsafe. 

SEC. 8. VIOLATION— PENALTY. After the taking effect of 
this act any person, firm company or corporation offering or keeping; 
for sale in this stats any hog cholera serum or virus without securing^ 
a permit from the director, or selling or offering or keeping for sale: 
after said permit has been cancelled or has expired any hog cholera, 
serum, or while holding a permit, selling or offering or keeping for 
sale any hog cholera serum which is below the standard of potency, 
as established and declared by said director, shall be fined in a sum 
not less than one hundred dollars ($100.00) or more than five hundred 
dollars ($500.00). In default of the payment of such fine, the indi- 
vidual, or if it be a firm, company or a corporation offending, the 
managing agent or executive officer of such firm, company or cor- 
poration within the state, shall be imprisoned in the county jail not 
less than thirty (30) days or more than one hundred and fifty (150) 
days. 

SEC. 9. USE LIMITED TO CERTAIN SERUM. After the 
taking effect of this act, any person, firm, company or corporation wil- 
fully using or keeping for use in this state any hog cholera serum other 
than #iat manufactured at the state laboratory or that sold by a 
holder of a valid permit issued by the director of the laboratory shall - 
be punished as provided for in section eight (8) of this act. 

SEC. 10. PRESENT LABORATORY DISCONTINUED*... 
The laboratory for the manufacture of hog cholera serum now being:; 
operated by the state of Iowa, shall be discontinued and the state vet- 
erinarian is hereby directed to turn over to the director of the labor- 
atory hereby provided for, the equipment of said discontinued labor- 
atory. The state veterinarian is hereby authorized and directed tc 
adjust all claims and leases and to dispose of the same in such manner 
and on such terms as shall be approved by the governor of the states 
of Iowa. 

83 



SEC. 11. APPROPRIATION. There is hereby appropriated 
of any money in the state treasury no'j otherwise appropriated the 
sum of thirty-five thousand dollars ($35 000.00) or as much thereof as 
may be necessary to carry out the provisions of this act. The above 
^amount or so much thereof as may be necessary to carry out the pro- 
visions of said act shall be paid by warrants drawn by the auditor 
*of state upon the state treasurer upon the order of the board of edu- 
*cation. 

Liens 

LIENS OF LIVERY STABLE KEEPERS ETC. Livery 
*and feed stable keepers, herders, feeders and keepers of stock 
for hire shall have a lien on all stock and property coming into their 
hands, as such for their charges and the expense of keeping, when 
xeceived from the owner or any other person subject to all prior liens 
of record. Any claimant of t'he property may release the lien by ten- 
dering the party in possession a bond, in a penal sum of three times 
^he amount for which the lien is claimed, signed by two sureties, 
residents of the county who shall justify as is required in other cases, 
and conditioned to pay any judgment the lien-holder may obtain for 
such charges. If such charges and expenses are not sooner paid, the 
lien-holder may sell said property at public auction, after giving 
3to the owner or claimant ten days' notice in writing of the time and 
jslace of such sale, if found within t'he county, and also by posting 
"written notices thereof in three public places in the township where 
<said stock was kept or let. And out of the proceeds of such sale he 
-shall pay all of said charges and expenses of keeping said stock, to- 
gether with the costs and expenses of said sale and the balance, if any 
tshall be paid to the owner or claimant of said property. 

Fences 

PARTITION FENCES. The respective owners of ad- 
Joining tracts of land, except timber land not used otherwise than 
:f or the timber thereon, from which each derives any revenue or benefit, 
shall be compelled to erect and maintain partition fences, or contribute 
-thereto , and keep the same in good repair throughout the year, and 
if said fence be hedge, the owner thereof shall trim or cut it back once 
iLn two years to within five feet from the ground, unless such owners 
otherwise agree in writing to be filed with and recorded by the town- 
ship clerk. 

POWERS OF FENCE VIEWJERS. The fence viewers 
«hall have power to determine any controversy arising under this 
^chapter, upon giving five days notice in writing to the opposite party 
or parties, prescribing the time and place of meeting to hear and de- 
^terminte the matter named in said notice. Upon the request of any 
<Iand owner, the fence viewers shall give such notice to all adjoin- 
•ing land owners liable for their erection, maintainance, rebuilding, 
^trimming or cutting back, or repairing of a partition fence, or to 
rpay for an existing hedge or fence. At said time and 
-place the fence viewers shall meet and determine by written order 
^the obligations, rights and duties of the respective parties in such 
onatter, and assign to each owner the part which he shall erect, main- 
tain, rebuild, triin or cut back, or pay for, and fix the value thereof, 
^and prescribe the time within which the same shall be completed or paid 
lor, and, in case of repair, may specify the kind of repairs to be made. 
m ASSIGNMENTS OF PORTIONS. In case a land owner 
^desires to erect a partition hedge or fence when the owner of the ad- 
Joining land is not liable to contribute thereto, the fence viewers may 
assign to each owner the part which he shall erect, maintain, rebuild 
and repair, trim or cut back, by pursuing the method provided in the 
preceding section; but the adjoining owner shall not be required to 

84 



contribute thereto until he becomes liable so to do, as elsewhere in 
this chapter provided. 

DEFAULT— DAMAGES— HOW COLLECTED. If the erect- 
ing, rebuilding or repairing of such fence be not completed with- 
in thirty days from and after the time fixed therefor in such order, 
the adjoining owner may do or complete the same, and the value 
thereof may be fixed by the fence viewers, and unless the sum so 
fixed, together with all fees of the fence viewers caused by such de- 
fault, as taxed by them, is paid to the land owner so erecting, re- 
building, trimming or cutting back or repairing such fence, within 
ten days after the same is so ascertained; or when ordered to pay for 
an existing fence, and the value therof is fixed by the fence viewers, 
and said sum together with the fees of the fence viewers as taxed by 
them, remains unpaid ;by the party in default for ten days, the fence 
viewers shall certify to the county auditor the full amount due from 
the party or parties in default, including all fees and cost taxed, to- 
gether with a description of the real estated owner by the party or 
parties in defalt along or upon which the said fence exists, and the 
county auditor shall enter the same upon the tax list and the amount 
shall be collected as other taxes and when so collected same shall be 
paid to the party or other parties entitled thereto. 

SERVICE OF NOTICE. The notices by the fence 
viewers^ provided for in this chapter may be served upon any owner 
non-resident of the county where his land is situated by publication 
thereof for two consecutive weeks in a newspaper printed in the 
county in which the land is situated, proof of which shall be made 
as in case of an original notice and filed with the fence viewers, and 
a copy delivered to the occupant of said land, or to any agent of the 
owner in charge of the same 

ORDERS— NOTICE. All orders and decisions made 
by the fence viewers shall be in writing signed by at least two of 
them, and filed with the township clerk. All notices in this chapter 
required to be given shall be in writing, and return of service thereof 
made in the same manner as notices in actions before a justice of the 
peace. Such orders, decisions notices and returns shall be entered 
of record at length by the township clerk, and said record, or a copy 
thereof certified to be such by such township clerk, shall be compe- 
tent evidence in all courts. 

DIVISION RECORDED. The several owners may, in 
writing, agree upon the portion of partition fences between their 
lands which shall be erected and maintained by each, which writing 
shall describe the lands and the parts of the fences so assigned, be 
signed and acknowledged by them, and filed and recorded in the of- 
fice of the recorder of deeds of the county or counties in which they 
are situated. 

HOW FAR BINDING. Any order made by the fence 
viewers, or any agreement in writing between adjoining land 
owners, when recorded as in this chapter provided shall bind the 
makers, their heirs and subsequent grantees, except if the land of 
either shall cease to be used as a means for revenue or benefit, the 
same shall be inoperative while not thus used. 

LANDS IN DIFFERENT TOWNSHIPS. When the ad- 
joining lands are situated in different townships in the same 
or different counties the clerk of the township of the owner making 
the application shall select two trustees of his township as fence 
viewers, and the clerk of the other township one from his own township, 
who shall possess, in such case, all the powers given to fence viewers in 
this chapter but all orders, notices and valuations and taxation of 
costs made by them must be recorded in both townships. 

FENCE ON ANOTHER'S LAND. When^ a person has 
made a fence or other improvement on an inclosure, which 
is found to be on land of another, such person may enter upon the 

85 



land of the other and remove his fence or other improvement and ma- 
terial, upon his first paying or offering to pay, the other party for 
any damage to the soil which may be occasioned thereby, and the- 
value of any timber used in said. improvement taken from the land 
of such other party, if any; and if the parties cannot agree as to- 
the damages the fence viewers may determine them as in other cases; 
such removal shall be made as soon as practicable, but not so as to 
expose the crops of the other party. 

LINE FENCES. A person building a fence may lay 
the same upon the line between him and the adjacent 
owners, so that it may be partly on one side and partly on the other, 
and the owner shall have the same right to remove it as if it were 
wholly on his own land. 

FENCE ON ONE SIDE OF LINE. The provisions 
concerning partition fences shall apply to a fence standing wholly 
upon one side of the division line. 

LAWFUL FENCE DEFINED. . A lawful fence shall 
consist of three rails of good substantial material, or three- 
boards not less than six (6) inches wide and three-quarters (%) of 
an inch thick, such rails or boards to be fastened in or to good sub- 
stantial posts not more than ten (10) feet apart where rails are used, 
and not more than eight (8) feet apart where boards are used, or 
wire either wholly or in part substantially built and kept in good 
repair; or any other kind of fence, which in the opinion of the fence 
viewers, shall be equivalent thereto, the lowest or bottom rail, wire or 
board not more than twenty (20) nor less than sixteen (16) inches 
from the ground, the top rail, wire or board, to be between forty- 
eight (48) and fifty-four (54) inches in height, and the center 
rail, wire or board not less than twelve (12) nor more than eighteen 
(18) inches above the bottom rail, wire or board; or it shall consist 
of three (3) wires barbed with not less than thirty-six (36) iron 
barbs of two (2) points each or twenty-six (26) iron barbs of four 
(4) points each, on each rod of wire, or of four (4) wires, two (2) 
thus barbed and two (2) smooth the wires to be firmly fastened to 
posts not more than two (2) rods apart, with not less than two (2) 
stays between posts, or with posts not more than one (1) rod apart, 
without such stays the top wire to be not more than fifty-four (54) 
nor less than forty-eight (48) inches in height. Provided, however, 
that all partition fences may be made tight by the party desiring it, 
and when his portion is so completed, and securely fastened to good 
substantial posts, set firmly in the ground, not more than twenty (20) 
feet apart, the adjoining property owner shall construct his por- 
tion of the adjoining fence in a like tight manner, same to be se- 
curely fastened to good substantial posts, set firmly in the ground 
not more than twenty (20) feet apart. All tight partition fences 
shall consist of not less than twenty-four (24) inches of substantial 
woven wire on the bottom, with three (3) strands of barb wire with 
not less than thirty-six (36) barbs of two points to the rod on top, 
the top wire to be not less than forty-eight (48) inches not more 
than fifty-four (54) inches high, or not less than eighteen (18) inch, 
substantial oven wire on the bottom with four (4) strands of barb 
wire or not less than thirty-six (36) barbs of two (2) points to the 
rod, the top wire to be not less than forty-eight (48) inches nor more 
than fifty-four (54) inches high or good substantial woven wire not 
less than forty-eight (48) inches nor more than fifty-four (54) 
inches high. In case adjoining owners or occupants of land shall 
use the same for pasturing sheep or swine, each shall keep his share 
of the partition fence in such condition as shall restrain such sheep or 
swine. Upon the application of either owner after notice given as 
prescribed in this chapter, the fence viewers shall determine all con- 
troversies arising under this section, including the partition fences 
made sheep and swine tight. 

86 



WHERE STOCK RESTRAINED. This chapter shall be 
construed the same in counties where stock is restrained from 
running at large as where not so restrained. 

APPEAL. An appeal may be taken to the district 
court from any order or decision of the fence viewers by any person 
affected in the same manner appeals are taken from justices of the 
peace, except that the appeal bond shall be approved by the township 
clerk, in which event the township clerk after recording the original 
papers shall file them in the office of the clerk of the district court, 
certifying them to be such, and the clerk shall docket them, entitling 
the applicant or petitioner as plaintiff,, and it shall stand for trial as 
other cases. 

RECORD KEPT— FEES OF CLERK. The township 
clerk shall enter all matters herein required to be made of record 
in his record book, and shall receive ten cents for each one hundred 
words in entering of record and making certified copies of the mat- 
ters herein provided for, and twenty-five cents additional for his cer- 
tificate thereto when required. 

FENCES— CROPS. A reasonable time must be allowed 
to enable the owners of land to erect the necessary fences ad- 
joining the (a) new road; and when crops have been so planted or 
sowed before the road is finally established the opening thereof shall 
be delayed until the crop is harvested. 

CATTLE WAYS ACROSS HIGHWAYS. Upon appli- 
cation to the board of supervisors of any county by any person 
for permission to construct a cattle-way across, over or under any 
public road, it may grant the same upon condition that such way 
shall not interfere with the public travel; that the grade of the road 
over the cattle- way shall not exceed one foot in ten feet; and that it 
shall not obstruct the watering at any running stream. The appli- 
cant shall construct the same at his own expense and be responsible 
for all damages that may arise from its construction, or from the 
same not being kept in repair. 

REPAIRS. If the person on whose land such cattle- 
way is constructed fails to keep the same in repair, it shall be 
the duty of the road supervisor to make all necessary repairs ; and 
charge the same to the owner of the land upon which such way is con- 
structed, and upon his refusal or failure to pay, the supervisor shall 
recover the same in an action brought in his own name which money, 
when collected, shall be expended in improving or repairing the pub- 
lic roads in the district where such cattle-way is constructed. 

APPLICATION FOR. Any person desiring to build a 
cattle-way across a public highway under any township 
bridge, may apply to the board of trustees of the township wherein 
the same is to be located, at any meeting thereof, and it may grant 
such application and prescribe such conditions in regard to the main- 
tenance of said bridge as it may think proper. 

PRIVATE CROSSINGS. When any person owns land on 
both sides of any railway, the corporation owning the same 
shall, when requested so to do make and keep in good repair one 
cattle-guard, and one causeway or other adequate means of crossing 
the same at such reasonable place as may be designated by the owner. 

CATTLE-GUARDS— CROSSINGS— SIGNS. Every corpora- 
tion constructing or operating a railway * shall make proper 
cattle-guards where the same enters or leaves any improved or fenced 
land, and construct at all points where such railway crosses any pub- 
lic road good, sufficient and safe crossings and cattle-guards, and 
erect at such points, at a sufficient elevation from such road as to ad- 
mit of free passage of vehicles of every kind a sign with large and 
distinct letters placed thereon, to give notice of the proximity of the 
Tailway, and warn persons of the necessity of looking out for trains. Any 
Tailway company neglecting or refusing to comply with the provisions 

87 



of this section shall be liable for all damages sustained by reason 
of such refusal or neglect and it shall only be necessary in order to- 
recover, for the injured party to prove such neglect or refusal. 

FAILURE TO FENCE— LIABILITY FOR STOCK KILL- 
ED—SPEED AT DEPOTS. Any corporation operating a rail- 
way, and failing to fence same against live stock run- 
ning at large and maintain proper and sufficient cattle-guards at all 
points where the right to fence or maintain cattle-guards exists shall 
be liable to the ower of any stock killed or injured by reason of the 
want of such fence or cattle-guards for the full amount of the dam- 
ages sustained by the owner on account thereof, unless it was occa- 
sioned by his wilful act or that of his agent; and to recover the same 
it shall only be necessary for him to prove the loss of or injury to- 
his property. If such corporation fails or neglects to pay such dam- 
ages within thirty days after notice in writing that a loss or injury 
has occurred, accompanied by an affidavit thereof, served upon any 
officer or station or ticket agent employed by said corporation in the 
county where such loss or injury occurred, such owner shall be 
entitled to recover from the corporation double the amount of dam- 
ages actually sustained by him. No law of the state or any local 
or police regulations of any county township, city or town, relating 
to the restraint of domestic animals, or in relation to the fences of 
farmers or land owners, shall be applicable to railway tracks unless 
specifically so stated in such law and regulation. Upon depot grounds 
necessarily used by the public and the corporation, the operating of 
trains at a greater rate of speed than eight miles an hour where no 
fence is built shall be negligence, and shall render such corporation 
liable for all damages occasioned thereby, in the same manner and 
to the same extent, except as to double damages ; as in cases where 
the right to fence exists. 

FENCES REQUIRED. All railway corporations owning 
or operating a line of railway within the state shall con- 
struct, maintain and keep in repair a suitable fence of posts and 
barb wire or posts and boards or any other fence which the fence 
viewers shall determine to be equivalent thereto, on each side of the 
track thereof, so connected with cattle-guards at all public road cross- 
ings as to prevent cattle horses and other live stock from getting on 
the railroad tracks. Such tracks shall be fenced within six months 
after the completion of the same or any part thereof. Such fences, 
when of barb wire, shall be of five wires to be not less than fifty-four 
inches high ; or of five boards securely nailed to posts set not more 
than eight feet apart the fence to be not less than fifty-four inches 
high. Fences repaired or rebuilt shall conform to the foregoing pro- 
visions. Nothing in this or the two following sections shall be con- 
strued to compel a railway company operating a third-class line to 
fence its road through the land of any farmer or other person who, 
by written agreement with such company, waives the fencing thereof. 

PENALTY— KILLING OF STOCK. If the corporation, 
officer thereof or lessees owning or engaged in the operation 
of any railroad in the state refuses or neglects to comply with any 
provision of this chapter relating to the' fencing of the tracks, such 
corporation, officer or lessee shall be guilty of a misdemeanor, and 
upon conviction fined in a sum not exceeding five hundred dollars 
for each offense, and every thirty days' continuance of such refusal 
or neglect shall constitute a separate and distinct offense; but nothing 
herein contained shall be construed to relieve the corporation from 
liability arising from the killing or maiming of live stock on said 
track or right of way by its negligence or that of its employes nor 
shall anything in this chapter interfere with the right of open or 
private crossings, or with the right of persons to such crossings, 

88 



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nor in any way limit or qualify the liability- of any corporation or 
person owning or operating a railway that fails to fence the same 
against live stock running at large for any stock injured or killed 
by reason of the want of such fence. 

Commission of Animal Health 

SECTION 1. STATE BOARD OF VETERINARY MEDICAL 
EXAMINERS ABOLISHED— POWERS AND DUTIES TRANS- 
FERRED. That the board known as the state board of veterinary 
medical examiners is hereby abolished and all of the powers and du- 
ties thereof are hereby transferred to and enjoined upon the state 
veterinary surgeon, except as hereinafter provided. All of the books, 
documents records stationery and office equipment now in possession 
-of the board or of any officer or employe thereof shall, upon the tak- 
ing effect of this act be turned over to the state veterinary surgeon. 

SEC. 2. COMMISSION OF ANIMAL HEALTH— HOW CON- 
STITUTED AND APPOINTED— TERMS. There is hereby created 
a commission to be known as a commission of animal health, which 
commission shall consist of the state veterinary surgeon who shall be 
the chairman and executive officer thereof, two veterinarians and two 
stock raisers all of whom shall be appointed by the governor. The 
veterinarians shall possess the same qualifications required for the 
state veterinary surgeon. One such veterinarian shall be appointed 
to serve until June 30, 1912 and one until June 30, 1913 and as their 
terms expire their successors shall be appointed for three years. 
The state veterinary surgeon shall be appointed to serve until June 
30, 1914 and thereafter his term shall be three years. The other 
members of the commission shall be appointed, one to serve until 
June 30, 1912 and the other until June 30, 1913 and as their terms 
expire their successors shall be appointed for a term of two years. 

SEC. 3. MEETINGS— RULES AND REGULATIONS FOR 
PREVENTION AND SPREAD OF DISEASE AMONG ANIMALS. 

The commission shall hold at least two meetings each year one in July 
and one in January, at the office of the state veterinary surgeon, and 
may meet at such other times and places in the state as may seem 
necessary. It shall have the power and authority to make such rules 
and regulations as it shall deem necessary for the prevention sup- 
pression, or against the spread of any contagi: ■"^infectious disease 
among animals in or being driven or transports through or brought 
into the state and may provide for quarantining against animals 
within or without the state. When such rules and regulations have 
heen submitted to and approved by the executive council they shall 
be published and enforced by the veterinary surgeon and in the per- 
formance of his duties he may call to his assistance any peace officer. 

SEC. 4. EXAMINING BOARD. The state veterinary surgeon 
and the two veterinarians upon the commission shall constitute a 
board for the examination of applicants to practice veterinary medi- 
cine, surgery and dentistry in the state. 

SEC. 5. COMPENSATION— EXPENSES. The members of 
the commission other than the state veterinary surgeon, shall re- 
ceive as compensation for their services one hundred dollars each per 
annum, together with their actual and necessary traveling, hotel and 
other expenses and in addition thereto the veterinarians upon the 
commission shall receive one hundred dollars each per annum for their 
services as members of the examining board. All of which shall be 
paid upon vouchers duly approved by the executive council. 

SEC. 6. ACTS IN CONFLICT AMENDED. All acts or parts 
■of acts in conflict with the provisions of this act are hereby amended 
to conform to the provisions hereof. 

89 



Associations for Promotion of Live 
Stock Industry 

AN ACT to authorize the incorporation in each county of the state* 
of an association for the advancement and improvement of agricul- 
ture, animal husbandry and horticulture to define the powers and 
rights of such association and its members, to provide for the sub- 
mission to the voters of the question of levying a tax in aid of the 
objects of such association and to provide for the termination of" 
said tax. 
Be it enacted by the General Assembly of the State of Iowa: 

SECTION 1. PURPOSE. For the purpose of improving and 
advancing the science and art of agriculture, animal husbandry and 
horticulture a body corporate is hereby authorized in each county in. 
the state. 

SEC. 2. CORPORATION— HOW FORMED. Such body cor- 
porate may be formed by the acknowledging and filing for record with 
the county recorder of such county, of articles of incorporation by at 
least ten farmers, land owners, or other business men of each of the 
majority of the several townships of the county. 

SEC. 3. ARTICLES— FORM. The articles of incorporation 
shall be as follows: "We the undersigned farmers, land owners and 

business residents of County, Iowa, do hereby adopt 

the following articles of incorportation : 

Article 1. The objects of this incorporation shall be to advance 

and improve, in County Iowa, the science and art of 

agriculture, horticulture and animal husbandry. 

Article 2. The name of this incorporation shall be The Farm- 
Improvement Association of County, Iowa. (Inserting- 

the name of the county of which the incorporators are residents.) 

Article 3. The affairs of this incorporation shall be conducted 
by a president, a vice-president, a secretary and a treasurer, who 
shall perform the duties usually pertaining to such positions, and by 
a board of directors of nine members, all of which officers and direc- 
tors shall be elected by the members of said incorporation at an an- 
nual meeting on the first Monday of January of each year. Not more 
than two directors shall be residents of the same township, when 
elected. All officers and directors shall hold their positions for one 
year and until their successors are elected. W)e the said incorpora- 
tors, have elected the following provisional officers to hold their re- 
spective positions until their successors are elected at the annual 
meeting in the year: 

President 3 r 

Vice-President 4 

Secretary 5 

Treasurer 6 P 

Board of Directors: 7 

1 :... 8 

2 9 

Article 4. The yearly dues of the members of this incorporation 
shall be one dollar, payable at the time of applying for membership, 
and on the first Monday in January of each year thereafter. No 
member having once paid dues, shall forfeit his membership until his 
or her subsequent dues are six months in arrears. 

Article 5. Any citizen of the county and any non-resident own- 
ing land' in the county shall have the right to become a member of the 
incorporation by paying one year's dues and thereafter complying 
with the articles of incorporation and by-laws. 

Article 6. This incorporation shall endure until terminated by 
operation of law. 

90 



SEC. 4. PRIVATE PROPERTY EXEMPT— SEAL. Such body 
•corporate may sue and be sued but the private property of the mem- 
bers shall be exempt from corporate debts. It may have a seal which 
it may alter at pleasure. 

SEC. 5. BY-LAWS— POWERS— EMPLOY EXPERTS— DUES 
— HOW EXPENDED. Such body corporate may, in such manner as 
it may see fit, adopt by-laws; shall have power to take by gift, pur- 
chase devise or bequest real and personal property for purposes ap- 
propriate to its creation; may employ one or more experts or advisors 
to advance and improve agriculture, horticulture and animal husban- 
dry in said county, provided that the president of the Iowa state col- 
lege of agriculture and mechanic arts certifies to the qualifications and 
fitness of such person to give expert instructions or advice in said 
sciences. Such body corporate shall have and exercise all powers 
necessary, appropriate and convenient for the successful carrying out 
of the objects of said incorporation. The said association shall have 
authority to use part or all of the sum annually received as dues 
from its members in the payment of prizes offered in any department 
of its work including agriculture fairs, short courses or farmer's in-* 
stitutes. 

SEC, 6. ARTICLES RECORDED. The articles of incorpora- 
tion shall be recorded by the recorder of deeds without fee of any 
kind. 

SEC. 7. WITHOUT COMPENSATION. No salary or compen- 
sation of any kind shall be paid to the president, vice-president, treas- 
urer or to any director. 

SEC. 8. NO DIVIDENDS. _ No dividend shall ever be declared 
l)y this incorporation. Any diversion of the funds or property of such 
incorporation to any purpose except the purposes of incorporation 
shall constitute larceny and be punished accordingly. 

SEC. 9. TREASURER— BOND— AMOUNT. The treasurer 
shall give bond, the amount to be fixed by the board of directors in 
double the amount of money likely to come into his hands with sure- 
ties. Said bond shall be filed with and approved by the county audi- 
tor and recorded without fee. In no case shall the bond of the treas- 
urer be less than five thousand dollars. 

SEC. 10. ANNUAL REPORT. The outgoing president and 
treasurer shall, on the first Monday of January of each year, file 
with the county auditor full and detailed reports under oath of all 
receipts and expenditures of said incorporation, showing from whom 
received and to whom paid and for what purpose. A duplicate of said 
report shall also be laid before the members at the annual meeting. 
The books papers and records of said incorporation shall at all times 
be open to the inspection of the board of supervisors and to any one 
appointed by them to make examination. 

SEC. 11. TAX LEVY— SUBMITTED TO VOTERS— SEPA- 
RATE BALLOT— FORM. Whenever the articles of incorporation 
are filed as herein provided and the president and secretary certifies 
to the board of supervisors that the incorporation of said association 
has been effected, the said board shall at the next regular election in 
said county submit to the voters of said county the question whether 
a yearly tax of not to exceed five thousand dollars shall be thereafter 
levied for the purpose of improving and advancing the science and 
art of agriculture, animal husbandry and horticulture. Said ques- 
tion shall be submitted on a separate ballot and substantially in the 
^following form: 

"Shall a yearly tax of not to exceed five thousand 
dollars be hereafter levied for the purpose of im- 
proving and advancing the science and art of agri 
culture, animal husbandry and horticulture." 



YES.D 
..NO.Q 



91 



The voter shall signify his vote on said proposition by placing a 
cross in the square opposite the word "yes or "no." 

SEC. 12. VOTE— HOW CANVASSED— LEVY— AMOUNT. The 
vote on said proposition shall be canvassed and returns made thereof 
as in other cases and if a majority of the votes are in favor of said 
proposition the board of supervisors shall prior to the first day of 
January following said election, set aside, out of the general county 
fund, the sum of five thousand dollars less any sum advanced to said 
association by the government of the United States in aid of its ob- 
jects. Said sum so set aside shall be paid to the treasurer of said 
association who shall be liable on his bond for the proper distribu- 
tion thereof. If a majority of the votes be in favor of said proposi- 
tion, the board of supervisors shall annually thereafter, and at the 
time of levying taxes generally levy on all the property of the coun- 
ty a tax of five thousand dollars, less any amount advanced to said 
association, by the government of the United States in aid of its ob- 
jects and at the first general levy of taxes following the advance of 
funds herein provided, levy an additional tax sufficient to reimburse 
said county for the funds so advanced. 

SEC. 13. FUNDS— HOW EXPENDED. The treasurer of said 
incorporation shall receive all funds belonging to said incorporation 
and all taxes collected as herein provided and shall pay out the same 
only on bills allowed by the board of directors, such allowance to be 
certified to by the president or secretary. 

SEC. 14. FALSE CERTIFICATE— PENALTY. Any officer 
making a certificate as provided herein, knowing the same to be false 
or incorrect in any particular shall be guilty of a misdemeanor and 
punished accordingly. 

SEC. 15. MISUSE OF FUNDS— PENALTY. Any treasurer 
of such association who in any manner converts the funds or property 
of such association to his own use or pays out or disposes of the 
same in any manner different than as directed herein, shall be con- 
sidered guilty of larceny and punished accordingly. 

SEC. 16. AMOUNT ADVANCED BY GOVERNMENT. The 
president and secretary of said assoication shall prior to the time 
of making any levy or advancing any funds, as herein provided, cer- 
tify to the board of supervisors the amount if any, advanced to said 
association by the government of the United States for the ensuing 
year in aid of its objects. 

SEC. 17. AFTER FIVE YEARS MAY BE DISCONTINUED- 
HOW. After five successive levies have b<4en made hereunder, any one 
hundred resident land ownrs of the county may petition the board of 
supervisors to submit to the voters of the county the question of dis- 
continuing the levy herein provided for and upon said petition being 
found sufficient the said board shall, at the next general election sub- 
mit, on separate ballot, to the voters, the question whether said levy 
shall be discontinued. If a majority of the votes be in favor of dis- 
continuing said levy then no farther levies shall be made. 

Dairy and Beef Cattle Industry 

SECTION 1. IOWA STATE DAIRY ASSOCIATION. When- 
ever the organization now existing in the state of Iowa and known 
as the Iowa State Dairy Association shall have filed with the secre- 
tary of the state of Iowa, verified proofs of its organization, the 
names of its president, vice-president secretary and treasurer and 
that it has five hundred (500) bona fide members, such association 
shall be recognized at the Iowa state dairy association of the state 
of Iowa, and be entitled to the benefits of this act. 

SEC. 2. INSPECTION— INSTRUCTION. For the purpose of 
aiding in the promotion and development of the dairy industry of the 

92 



state of Iowa such association shall cause to be made such inspeetiaro 
of dairy farms, dairy cattle, dairy barns and other buildings and ap- 
pliances used in connection therewith, dairy products and methods as>- 
they shall deem best and shall arrange to furnish such instruction* and 
general assistance either by institutes or otherwise, as they deem?* 
proper to advance the general interests of the dairy/ industry? 
of the state. 

SEC. 3. EXECUTIVE COMMITTEE. For all the purpose** 
of this act the said association shall act by and through an executwafc* 
committee of five (5 ) members, consisting of the president and sec- 
retary of the Iowa state dairy association, the dean of the divisioo ©£> 
agriculture of the Iowa state college of agriculture and mechanic arts; 
and the professor of dairying of the same institution and the dalrjE-* 
and food commissioner of the state of Iowa. 

SEC. 4. INSPECTORS AND INSTRUCTORS— COMPENSA- 
TION — EXPENSES. They may employ two or more competent per- 
sons who shall devote their entire time to such inspection and in- 
struction under the direction of the said executive committee, and whc> 
shall hold office at the pleasure of the committee, and who shaM 
each receive a salary not to exceed eighteen hundred dollars ($18(KLG0)-v 
per annum, and actual expenses while engaged in such wark„ 

SEC. 5. ANNUAL REPORT TO THE GOVERNOR. The- 
said association may require such reports from their employes as; 
they deem proper and shall make to the governor an annual report 
of their proceedings under this act, which report shall be published 
as part of the proceedings of the annual convention of the Iowa state- 
dairy association. 

SEC. 6. BEEF CATTLE BREEDER'S ASSOCIATION. When- 
ever there shall have been filed in the office of the secretary of state 
for Iowa, verified proofs of the organization of the beef cattle breed- 
er's association, together with proofs that such association has fiva? 
hundred (500) bona fide members who are stock breeders or stoek: 
feeders in this state together with the names of the president, vice- 
president, secretary and treasurer, such association shall be recognize 
ed as the Iowa beef cattle breeders association and be entitled to the 
benefits of this act. 

SEC. 7. INSTRUCTION— INSPECTION— EXECUTIVE 

BOARD. It shall be the duty of the beef cattle breeders association 
to aid in the promotion of the beef cattle industry of the state and ie* 
provide for practical and scientific instruction in the breeding; an«E 
raising of beef cattle and to provide for the inspection of herds, prem- 
ises and appliances, methods and food stuffs used in the business of feed- 
ing, for the purpose of making suggestions and' demonstrations benefi- 
cial to the business. The said association shall act by and th-rongfe 
an executive board to be composed of the dean of the division of ag- 
riculture of the Iowa state college of agriculture and mechanic arts" 
at Ames and the professor of animal industry of the same institution^. 
and the secretary of the state agricultural society, and the president 
and secretary of the said Iowa beef cattle breeder's association. 

SEC. 8. INSPECTORS AND INSTRUCTORS— COMPENSA- 
TION — EXPENSES. The said board may employ two or more com- 
petent persons who shall devote their entire time in making Inspec- 
tion and giving instructions as provided in this act under the di- 
rection of said board. Such instructors and inspectors shall Sbold? 
office at the pleasure of the board and shall receive a salary not te> 
exceed eighteen hundred dollars ($1800.00) per annum and actual ex^- 
penses while engaged in the work. 

SEC. 9. SALARIES AND EXPENSES— HOW PAID, 
salaries of all persons employed under the provisions of this act 
be paid monthly out of the appropriation herein provided and 
traveling expenses and all general expenses incurred by the said 



sociation in carrying out the purposes of this act shall be paid out 
of the said appropriation and in the manner provided by sections 170-d 
.and 170-e and 170-f of the supplement to the code, 1907, and upon 
• statements filed with the executive council as therein provided, but no 
bill shall be paid until after the executive committee of the board 
under whose authority such expense was incurred shall have audited 
and approved the bill in such manner as the committee shall provide. 

SBC. 10. APPROPRIATION. For the purpose of carrying into 
\ r -effect the provisions of this act and the payment of all expenses con- 
's nected therewith, there is hereby appropriated out of any fund in the 
; r^treasury of the state not otherwise appropriated, the sum of fifteen 
thousand dollars ($15,000.00) or so much thereof as may b'e necessary 
-.to pay the salaries and expense provided for under the provisions of 
sthis act provided however, that of the said appropriation, the sum of 
-iseven thousand five hundred ($7,500.00) dollars, shall be available for 
the purpose of paying the expense incurred by the Iowa state dairy 
■association board, and the sum of seven thousand five hundred ($7- 
^00.00) dollars shall be available for the purpose of paying the ex- 
penses incurred by the Iowa beef cattle breeder's association board. 
It being the purpose of this act to provide a fund of seven thousand 
zfive hundred ($7,500.00) dollars for the encouragement of the dairy 
industry and a sum of seven thousand five hundred ($7,500.00) dol- 
lars for the encouragement of the beef cattle industry in this state. 

SEC. 11. FUNDS NOT TO BE USED FOR PRIVATE PUR- 
POSES. None of the money appropriated by this act shall be used to 
"pay the salaries or expense or used in any manner for the private 
^benefit of any member of the board of either of said associations. 

Registration of Farm Names 

SECTION 1. REGISTRATION OF FARM NAME AUTHOR- 
IZED—CERTIFICATE. Any owner of a farm in the state of 
Iowa may have the name of his farm together with a description of 
Ms lands to which said name applies, recorded in a register kept for 
i:hat purpose in the office of the county recorder of the county in 
which said farm is located and such recorder shall furnish to such 
land owner a proper certificate' setting forth said name and a des- 
cription of such lands. That when any name shall have been re- 
corded as the name of any farm in such county, isuch name shall not 
Ibe recorded as the name of any other farm in the isame county. 

SEC. 2. FEE. Any person having the name of his farm re- 
corded as provided in this act shall first pay to the county recorder 
a fee of one dollar, "which fee shall be paid to the county treasurer 
as other fees are paid to the county treasurer by such recorder. 

SEC. 3. TRANSFER OF FARM MAY INCLUDE REGIS- 
TERED NAME. When any owner of a farm, the name of which 
has been recorded as provided in this act, transfers by deed or oth- 
erwise, the whole of such farm such transfer may include' the reg- 
istered name thereof; but if the owner shall transfer only a portion 
of such farm, then in that event, the registered name thereof shall 
not be transferred to the purchaser unless so stated in the deed of 
conveyance. 

SEC. 4. CANCELLATION OF REGISTERED NAME- 
FEE. When any owner of a registered farm desires to cancel the 
registered name thereof he shall state on the margin of the record 
of the register of such name the following: "This name is cancelled 
and I hereby release all rights thereunder " which shall be signed 
by the person cancelling such name and attested) by the county re- 
corder. That for such latter service the county recorder shall charge 
a fee of twenty-five cents, which shall be paid to the county treas- 
urer as other fees are paid to the county treasurer by him. 

91 



UNITED STATES LAWS AND SANI- 
TARY REGULATIONS 

REGULATIONS OF THE SECRETARY OF AGRICULTURE 
Governing the Inspection, Disinfection, Certification Treatment; 
Handling, and Method and Manner of Delivery and Shipment ofL 
Live Stock which is the Subject of Interstate Commerce. 

GENERAL REGULATIONS. 

Regulation 1. When the secretary of agriculture shall determine 
the fact that cattle or other live stock in the state or territory or the 
District of Columbia are atfected with any contagious, infectious, or. 
communicable disease, notice will be given of that fact. A. 
rule will be issued placing in quarantine all or a portion; 
of the state or territory or the District of Columbia 
in which the disease exists, and this rule will either absolutely forbid 
the movement of live stock from the quarantined area or will indicate: 
the regulations under which live stock may be moved therefrom. 

Regulation 2. Before offering cattle or other live stock for trans- 
portation, or transporting them, or introducing them into any public 
stock yards or upon public highways or lines of interstate traffic alE 
persons or corporations owning, managing, or transporting cattle or 
other live stock are required to exercise reasonable diligence to ascer- 
tain that such animals are not affected with any contagious or infec- 
tious disease and have not been exposed to the contagion or infec- 
tion of disease by contact with other animals so diseased or by loca- 
tion in or upon pens, premises cars or others vehicles contaminated 
by diseased animals. All persons having charge of diseased or ex- 
posed cattle or other live stock are required to keep them confined and; 
to permit no other animals to come in contact with them. Premises? 
or vehicles which have contained diseased or exposed cattle or other 
live stock shall not be occupied by healthy animals until the said 
premises or vehicles shall have been disinfected as hereinafter pro- 
vided. 

Regulation 3. Cars, boats, and other vehicles that have been used 
for the interstate transportation of diseased or exposed cattle or other 
live stock shall be cleaned and disinfected as hereinafter provided;. 
If the facilities for cleaning and disinfecting cars cannot be provided 
at the point of destination, the railroad company shall seal, bill, and 
forward the infected cars to a point to be agreed upon between an 
agent of the company and a representative of the bureau of animal 
industry and shall there clean ani disinfect the said cars in the pres- 
ence of an employe of the bureau of animal industry. 

Regulation 4. Cars, boats, and other vehicles intended for use inr 
interstate transportation of healthy and non-exposed cattle or other 
live stock within or from a quarantined area, shall be cleaned and dis- 
infected as hereinafter provided urless it shall be shown to the satis- 
faction of the inspector of the bureau of animal industry either that, 
said cars have been cleaned and disinfected according to regulation 3"». 
and have not carried or contained animals since that cleaning and 
disinfection, or that the cars have never been used for the transpor- 
portation of diseased or exposed animals. 

Regulation 5. Public stock yards, feeding stations .and approach- 
es chutes, alleys and pens thereof, which have contained diseased or- 
exposed 'animals, shall, before healthy or non-exposed animals are^ 

95 



therein, be cleaned and disinfected as hereinafter provided. 
JTaikire to ^clean and disinfect will subject the said places to quaran- 
tine. 

Regulation 6. Allien, in the opinion of the secretary of agriculture, 
-fcfae shipment or removal of hay straw, forage, or similar material 
rfirwa a quarantined area is liable to spread the contagion or infection 
«e£ £Hg? disease affecting live stock, said shipment or removal will either 
tJL£ absolutely prohibited or permitted under restrictions which will 
ndieated in each particular case. 

.Regulation 7. When deemed necessary, shipments of live stock 
.^nd.oI the articles named in regulation 6 will be stopped in transit, 
for inspection and disposition and all persons and corporations hav- 
:3qg control of the transportation of such live stock or articles shall 
<eease the carriage or transit of the same upon receipt of an order 
:from an inspector of the bureau of animal industry, shall submit the 
Sj?s stock to inspection, and shall disinfect the said articles if re- 

<QQXTBd. 

Regulation 8. Where, in order to prevent the spread of a disease 
at "becomes necessary to slaughter any diseased or exposed live stock, 
i$m value of the live stock shall be ascertained and compensation made 
therefor, either by agreement with the owner or by appraisement in 
t£he manner provided by the law of the state or territory wherein the 
^owner of the live stock has his legal residence. 

Regulation 9. Where inspection and certification are required 
l hy the regulations of the secretary of agriculture, inspection and cer- 
"tifm^tmn by an inspector of the bureau of animal industry are meant 
»shl(1 such inspection and certification will be furnished without the 
.payment of fees or charges of any nature. 

^Regulation 10. Live stock shipped from a quarantined area, not 
accompanied by a certificate of an inspector of the Bureau of Animal 
Jndiistry showing freedom from disease or from exposure thereto., 
£slia3i not be diverted en route to feed lots or to other states for feed- 
-ifig', stocking, or breeding purposes unless inspected and ecrtified by an 
JuBpedtor of the Bureau of Animal Industry. 

^ErmiLATIONS TO PREVENT THE SPREAD OF SPLENETIC 

FEVER OF CATTLE. 

"^Regulation 11. Whenever any state or territory located within 
an area quarantined by the secretary of agriculture for 
snetic, Southern or Texas fever shall duly establish a 
or territorial quarantine line different from the line established 
<by tthe secretary of agriculture and shall obtain the legislation requi- 
site to enforce said state or territorial quarantine line strictly and 
^completely within the boundaries of said state or territory the sec- 
retary of agriculture will, if the said state or territorial quarantine 
lina be satisfactory, adopt by a rule said state or territorial quaran- 
-^Eee Sine, and the state or territorial quarantine line as adopted shall 
define the limits of that portion of the quarantined area. The ex- 
piration of the time fixed in the rule the revocation of the rule, or a 
:Sa£hire upon the part of the state officers to enforce the adopted line 
4rha3I restore the quarantined area to the territory fixed by the secre- 
"fcary of agriculture before the adoption of the state or territorial quar- 
antine Hne. 

Regulation 12. Whenever any state or territory under authority 
<pf law shall establish a state or territorial quarantine line for splenet- 
ic fever which differs from the quarantine line established by the sec- 
retary of agriculture for the said disease, and shall desire a modifi- 
cation of the line established by the secretary of agriculture, the 
proper officer of the said state or territory shall forward to the sec- 
retary of agriculture a true map or description of such line and a 
<doly authenticated copy of the laws and regulations relating to the! 
-establishment and enforcement of said line. 

96 



Snyder, Son 
& Company 

Live Stock 

Commission Merchants 



References: 

Live Stock National Bank 

First National Bank, Doon, Iowa 

Iowa State Bank, Hull, Iowa 



Order Buying a Specialty 



N. W. SNYDER, Cattle Salesman 

J. W. SNYDER, Cattle Salesman 

C. M. SNYDER, Hog Salesman 

JAMES PETERSON, Sheep Salesman 



Auto Phone 2663. Iowa Phone 1286 



Room 215 Exchange Building 



Sioux City, - - Iowa 



STARS AND STRIPES 

BOTTLED BEER 




Has no superior and few 
equals. Made from the mo& 
carefully seledted hops and 
the finest malt, together 
with pure sparkling spring 
water from the celebrated 
Willow Springs. 



Brewed and bottled in 
one of the mosft modern 
plants in existence. 



Don't take our word for 
it. Order a case and be con- 
vinced. 



Willow Springs Brewing Co 

Omaha, ■:- Nebraska 



Regulation 13. From the 1st day of February to the 31st day of 
October, inclusive of each year no cattle shall be transported or 
driven or allowed to drift from the area quarantined by the secretary 
of agriculture for splenetic fever into any state or territory or the 1 
District of Columbia or portion thereof outside of the said quaran- 
tined area, except as hereinafter provided. During the months of 
January, November and December of each year cattle from the area 
quarantined by the secretary of agriculture for splenetic fever may be 
shipped without restrictions other than those imposed by state or 
territorial officers at point of destination. 

Regulation 14. Cattle from the said quarantined area may be 
transported at any time by rail or boat, to a recognized slaughtering 
center outside the quarantined area for immediate slaughter, but cattle 
shall not be trailed or driven or hauled therefrom in private convey- 
ance. When transported for immediate slaughter the said cattle 
shall be slaughtered within two weeks after arrival at destination 
and the following rules regarding their movement shall be observed: 

(a) When any cattle in course of transportation from the quar- 
antined area are unloaded, at a point outside of the quarantined area 
to be fed or watered, or for other purposes said cattle shall be placed 
in pens or yards reserved for cattle originating in the quarantined 
area, and a sign shall be conspicuously placed on all such pens or 
yards with the words "quarantine pens" or "quarantine yards" in let- 
ters not less than 10 inches in height. Cattle which have not origi- 
nated in the quarantined area shall not be admitted into said pens 
or yards, and if cattle not originating in the quarantined area shall 
be placed in the said pens or yards said cattle shall thereafter be treat- 
ed in all respects as if they had actually originated in the. quarantined 
area. 

(b) On unloading said cattle at their points of destination, 
chutes, alleyways and pens sufficiently isolated and marked with a sign 
as above, shall be set apart to receive them, and no other cattle shall 
be admitted to said chutes, pens, and alleyways, and the regulations 
relating to the movement of cattle from said area, as prescribed by 
the proper state officers at destination, shall be carefully observed. The 
cars or boats which have carried said cattle shall be cleaned and dis- 
infected as hereinafter provided as soon as possible after unloading 
and before the said cars or boats are again used to transport, store, 
or shelter live stock or merchandise. 

(c) Where cattle originating in the quarantined area and cattle 
originating outside of the quarantined area are yarded in adjacent 
pens, there shall be left a space between the said pens not occupied by 
cattle, and not less than ten feet wide and there shall be on each side 
of this space a tight board fence not less than five feet high. 

(d) The proper officers of the railroad companies shall affix on 
both sides of all cars carrying cattle from the quarantined area, ex- 
cept as hereinafter provided, durable printed placards not less than 
5y 2 by 8 inches in size, the letters of which shall be boldface and 
not less than iy 2 inches in height. The placard shall state that said 
cars contain "southern cattle;" and each of the waybills, conductors' 
manifests, memoranda, and bills of lading of said shipments by cars or 
boats shall have a statement of similar import plainly written or stamp- 
ed upon its face. The placard shall state the name of the place from 
which the shipment was made, with the date and the name of the 
place of destination; said date must correspond with the date of the 
waybills and other papers. Whenever any cattle have come from 
said quarantined area and are reshipped from any point at which 
they have been unloaded to a point other than the original destina- 
tion, or are transferred to another transportation company, the cars 
carrying said animals shall bear, on both sides, similar placards 
bearing the same information, which shall be affixed by the officers 

97 



of the said transportation company, and the waybills, conductors'" 
manifests, memoranda, and bills of lading of said shipments by cars 
or boats shall be so marked. At whatever point these cattle are un- 
loaded they shall be placed in separate pens, as hereinbefore pro- 
vided. 

(e) No car or boat containing cattle from the quarantined 
area shall receive on board cattle which have originated or which 
are, at the time of loading, outside of said quarantined area. Cattle 
from the quarantined area shall not be shipped or transported when 
consigned to a point outside of said quarantined area where proper 
facilities have not been provided for transferring the said cattle 
from the cars or landing to the stock yards and slaughterhouses 
without passing them over public highways, unless proper permission 
for such passing is first had and obtained from the proper authori- 
ties at point of destination. 

(f) The cars and boats used to transport cattle from the quar- 
antined area, and also the chutes, alleyways, and pens not reserved 
for the exclusive use of such cattle used en route and at points of 
destination shall be disinfected in the following manner: Remove all 
litter and manure. This litter and manure may be disinfected by 
mixing it with lime or saturating it with a five per cent solution 
of 100 per cent carbolic acid; or, if not disinfected, it shall be stored 
where no cattle can come in contact with it during the period from 
February 1 to October 31 inclusive of each year. Wash the cars 
and the watering and feeding troughs with water until clean. Sat- 
urate the entire interior surface of the cars, including the inner 
surface of the car doors and the fencing, troughs chutes, and floors 
of the pens with a mixture made of iy 2 pounds of lime and V± pound 
of 100 per cent carbolic acid to each gallon of water, or with a so- 
lution made by dissolving four ounces of chloride of lime to each 
gallon of water. 

(g) Cars which have carried cattle within the quarantined area 
shall be cleaned and disinfected before being taken out of the said 
area except when loaded with cattle in the course of transportation 
for immediate slaughter, in accordance with these regulations. 

Regulation 15. Cattle infested with the Boophilus annulatus, or 
southern cattle tick disseminate the contagion of splenetic, southern 
or Texas, fever, therefore cattle originating outside of the quaran- 
tined area which are infested with the Boophilus annulatus ticks 
shall be considered as infected cattle and shall be subject to the regu- 
lations governing the movement of cattle originating in the quaran- 
tined area. 

Regulation 16. Stock-yard companies receiving cattle infested 
with the said ticks shall place the said cattle in pens set aside for 
the use of cattle originating in the quarantined area and transpor- 
tation companies are required to clean and disinfect all cars and 
boats which have contained the infected cattle, in accordance with the 
requirements of these regulations. 

Regulation 17. Cattle which have been properly dipped in Beau- 
mont crude petroleum, or in other petroleum approved by the secre- 
tary of agriculture under the supervision of an inspector of the 
bureau of animal industry, at a dipping station approved by the sec- 
retary of agriculture, and which have been examined and certified 
free of infection by the said inspector may be shipped from the 
quarantined area to any point outside the said area at any time, 
subject only to such restrictions as may be imposed by state or ter- 
ritorial officers at points of destination; but such cattle shall be ship- 
ped in clean, disinfected cars and shall not be driven through the 
quarantined area or be unloaded therein, except at such points as may 
be designated in the rules of the secretary of agriculture. 

Regulation 18. Before accepting or moving a shipment of cattle 

93 



from that portion of the quarantined area from which, under the rules 
of the secretary of agriculture cattle may be shipped after inspec- 
tion, for purposes other than immediate slaughter, to a point out- 
side the quarantined area transportation companies shall secure a 
signed statement from each owner or consignor of said cattle, show- 
ing the purpose for which the cattle are shipped. In every case this 
statement shall accompany the waybills. 

REGULATIONS TO PREVENT THE SPREAD OF SCABIES 

IN CATTLE. 

Regulation 19. No cattle which are diseased with scabies shall 
be shipped or trailed from one state or territory into another state/ 
or territory or the District of Columbia, except as hereinafter pro- 
vided; and no cattle shall be trailed, shipped or otherwise removed, 
or allowed to drift from a state or territory or portion thereof quar- 
antined for the disease of scabies in cattle into another state or ter- 
ritory or the District of Columbia, except as hereinafter provided, 
unless the cattle have been inspected by an inspector of the bureau 
of animal industry found free of the disease., and are accompanied 
by a certificate from the said inspector. 

The removal of cattle unaccompanied by a certificate of inspec- 
tion from an inspector of the state or territory or the District of 
Columbia, or an inspector of the Bureau of Animal Industry, from 
a quarantined portion of a state or territory or the District of Co- 
lumbia into a portion of the same state or territory or the District 
of Columbia, not quarantined, will subject the un quarantined por- 
tion of the state or territory or the District of Columbia to quaran- 
tine. 

Regulation 20. In states or territories or portions thereof quar- * 
antined by the secretary of agriculture for scabies in cattle those 
cattle which upon inspection by an inspector of the Bureau of Ani- 
mal Industry, at the time of shipment, are found to be free from 
symptoms of scabies shall be given a certificate and allowed to move 
to points outside the qurantined area for any purpose subject only 
to such restrictions as may be imposed by the state or territorial 
officers at points of unloading and destination; but if a herd or con- 
signment, intended for feeding, breeding or stocking purposes be 
offered for inspection and shipment and a portion thereof is found 
to be diseased with scabies or if the cattle offered for inspection 
and shipment are part of a herd that is known to be so diseased, the 
diseased cattle offered for shipment shall be dipped twice in either 
the lime-and-sulphur or the tobacco-and-sulphur dip, or once in Beau- 
mont crude petroleum in the manner hereinafter provided, and the 
cattle offered for shipment which are not visibly diseased shall be 
dipped once before shipment. 

Regulation 21. Cattle not visibly diseased with scabies may be 
shipped without inspection from points in the quarantined area to 
Buffalo, New York; Chicago Illinois; Cincinnati, Ohio; Cleveland, 
Ohio; Denver, Colorado; Fort Wiorth, Texas; Indianapolis Indiana; 
Kansas City, Missouri; Kansas City Kansas; Louisville, Kentucky; 
Milwaukee, Wieconsin; National Stock Yards, Illinois; South Oma- 
ha Nebraska; Sioux City, Iowa; South St. Joseph, Missouri; St. 
Louis, Missouri; South St. Paul, Minnesota, or to any other market 
or slaughtering center where inspection is maintained and where 
facilities are available for either dipoing or slaughtering cattle un- 
der the supervision of this Department. When so shipped the cattle 
shall be submitted for inspection at destination and when found 
upon such inspection to be free from disease and exposure thereto, 
en route no further restriction shall be placed upon them. If found 
upon inspection to be infected, they shall not be permitted further 
shipment until treated as heretofore prescribed for diseased cattle. 

"When cattle are shipped without inspection under the terms of 

99 



this regulation, the employees of the transportation company 
shall affix to both sides of each car a durable conspicuous 
printed placard not less than 5y z by 8 inches in size,, 
the letters of which shall be boldface and not less than Wz 
inches in height. These placards shall bear the words, "Uninspect- 
ed Cattle" and shall not be removed until the cattle have arrived at 
destination and the inspector has indicated the disposition to be 
made of the cars. The waybills, conductors' manifests, memoranda, 
and bills of lading of said shipment shall also bear the notation 
"Uninspected cattle." 

Regulation 22. Cattle diseased with scabies which have been 
dipped once in either the lime-and-sulphur or the tobacco-and-sul- 
phur dip in the manner hereinafter provided, under the supervision 
of an inspector of the Bureau of Animal Industrv, within ten days 
of date of shipment, and cattle not visibly diseased, but which are 
known to be a part of a diseased herd, may be shipped for imme- 
diate slaughter to a recognized slaughtering center, and when so 
shipped the said cattle shall not be diverted enroute, and shall be 
slaughtered within two weeks after arrival at destination. If cattle 
diseased with scabies are to be shipped for stockers or feeders they 
shall be dipped twice in either the lime-and-sulphur or the tobacco-and 
sulphur dip ten days apart or once in Beaumont crude petroleum, 
under supervision, and shall be submitted to inspection before ship- 
ment. Cattle not visibly diseased, but which are known to be part 
of a diseased herd, intended for stockers or feeders, shall be dipped 
once before shipment. However, diseased cattle may be dipped once 
in either the lime-and-sulphur or the tobacco-and-sulphur dip 
under the supervision of an inspector of the Bureau of Animal Industry 
at the point of origin and shipped for stocking or feeding 
purposes, if arrangements have been made for the second 
dipping en route or at destination at the required time 
after the first dipping at a point where there is an inspector 
stationed, and under his supervision. Cattle not visibly diseased, 
but which are known to be part of a diseased herd, shipped to an- 
other state or territory, for feeding or stocking purposes, may be 
dipped en route instead of at point of origin by special permission 
first had and obtained from the chief of the Bureau of Animal In- 
dustry. 

Regulation 23. Htealthy cattle in a state or territory not quar- 
antined by the secretary of agriculture for scabies in cattle may 
be shipped in clean cars without inspection into any other state 
or territory for slaughter or for stockers or feeders, but if the said 
cattle be unloaded en route or at destination and are placed in in- 
fected premises, they shall be treated as exposed cattle, and shall not 
be forwarded to destination for purposes other than for immediate 
slaughter, until they shall have been dipped once in any dip herein 
approved under the supervision of an inspector of the bureau of an- 
imal industry. 

Regulation 24. When either diseased cattle tbat have been 
dipped once in the lime-and-sulphur or the tobacco-and-sulphur 
dip, or cattle not visibly diseased, but which are known 
to be a part of a diseased herd, are shipped in accordance 
with Regulation 22, the employes of the transportation com- 
pany shall affix to both sides of each car a durable 
conspicuous, printed placard, not less than hVz by 8 inches in size, 
the letters on which shall be boldface, and not less than IVz inches 
in height. These placards shall bear the words, "Dipped Scabby 
Cattle," or "Cattle Exposed to Scabies," and shall not be removed 
until the cattle have arrived at destination or point of dipping, have 
been unloaded, and the cars have been disinfected. The waybills, 

100 



conductors' manifests, memoranda, and bills of lading of said ship- 
ment shall also bear the notation, to be affixed by the transportation 
company, "Dipped Scabby Cattle" or "Cattle Exposed to Scabies." 

Regulation 25. The dips now approved by the department are 
the lime-and-sulphur dip, the tobacco-and-sulphur dip, and Beaumont 
crude petroleum. The lime-and-sulphur dip is made in the propor- 
tion of 12 pounds of unslaked lime and 24 pounds of flowers of sul- 
phur to 100 gallons of water. Weigh both the lime and sulphur. 
Place the unslaked lime in a mortar box or some suitable vessel and; 
add enough water to slake the lime and form a lime paste or lime 
putty. Sift into this lime paste the flowers of sulphur and stir the 
mixture well. To make 100 gallons of dip, place the sulphur and 
lime paste in a kettle or boiler with about thirty gallons of boiling 
water and boil the mixture for two hours at least, stirring the liquid 
and sediment; add enough water when necessary to maintain the 
quantity. Draw the mixture and sediment into a large tub or bar- 
rel placed near the dipping vat and provided with a bunghole about 
four inches from the bottom, and allow ample time to settle — from 
two to three hours or more, if necessary. When fully settled, draw 
off the clear liquid into the dipping vat and add enough warm water 
to make 100 gallons. The same directions apply to larger quan- 
tities of dip, proportionate amounts of ingredients being used. 

The tobacco-and-sulphur dip is made with sufficient extract of 
tobacco or nicotine solution to give a mixture containing not less 
than five one-hundredths of one per cent, of nicotine and two per 
cent, flowers of sulphur. 

When Eeaumont crude petroleum is used as a dip for cattle 
diseased with or exposed to scabies, one dipping only is necessary in 
any case, and the cattle shall be submerged but once and shall not be 
held in the dip. 

The dipping shall be done thoroughly. When either the lime- 
and-sulphur or the tobacco-and-sulphur dip is used, the cattle shall 
be held in the dip two minutes unless the diseased cattle shall have 
been hand-dressed previously. The cattle shall be completely sub- 
merged twice. The dip shall be maintained as nearly as possible at 
a temperature of 105 deg. P. while the cattle are in it. It shall be 
renewed as soon as it becomes filthy, regardless of the number of 
cattle that have been dipped in it, and in no case shall it be used 
when more than one week old. In emptying the dipping vat the 
entire contents shall be removed, including all sediment and drop- 
pings or other foreign matter. The department assumes no respon- 
sibility for loss or damage resulting from the dipping. 

Regulation 26. Cattle shipped under a certificate from an in- 
spector of the bureau of animal industry are not guaranteed uninter- 
rupted transit; for, in the event of the development of scabies or 
exposure to the disease en route, the cattle shall then be handled 
as diseased or exposed cattle and shall be dipped as hereinbefore 
provided and the cars or other vehicles and the chutes, alleys, and 
pens which have been occupied by them shall be cleaned and disin- 
fected. 

Regulation 27. Public stock yards shall be considered infected 
and the cattle yarded therein as having been exposed to the disease,, 
and no cattle shall be removed from said public stock yards, except 
for immediate slaughter, without dipping. Where, however, a part 
or all of the stock yards is reserved and set apart for the reception 
of uninfected shipments of cattle and is kept free of disease, cattle 
may be shipped from the said uninfected yards or portions thereof 
without dipping. If diseased cattle are introduced into said unin- 
fected yards or portions thereof, they shall be immediately removed 
therefrom and the chutes, alleys, and pens used by them thoroughly 
cleaned and disinfected. No cattle shall be forwarded for feeding 

101 



or stocking purposes from any stock yards where an inspector of 
the bureau of animal industry is stationed without a certificate of 
inspection or of dipping issued by the said inspector. 

Regulation 28. Cars and other vehicles yards, pens, sheds, 
chutes, etc., which have contained diseased cattle shall be cleaned 
and disinfected immediately after the cattle are removed therefrom 
in the following manner: Remove all litter and manure and then 
saturate the interior surfaces of the cars and woodwork, flooring, 
and ground of the chutes, alleys, and pens with a five per cent, so- 
lution of 100 per cent, carbolic acid in water with sufficient lime to 
show where it has been applied. 

REGULATIONS TO PREVENT THE SPREAD OF SCABIES 

IN SHEEP. 

Regulation 29. No sheep which are diseased with scabies shall 
be shipped or trailed from one state or territory into another state 
or territory, or the District of Columbia, except as hereinafter pro- 
vided and no sheep shall be trailed or shipped from a state or ter- 
ritory or portion thereof quarantined for the disease of scabies in 
sheep into another state or territory or the District of Columbia, 
except as hereinafter provided, until the sheep have been inspected 
by an inspector of the bureau of animal industry, found free of the 
disease and of exposure thereto, and are accompanied by a certi- 
ficate from the said inspector. For the purpose of these regulations 
all of the sheep in a certain flock or shipment in which the disease 
is present shall be considered diseased, and none of the sheep in the 
said diseased flock or shipment shall be removed or offered for ship- 
ment until dipped, as hereinafter provided. The practice of "pick- 
ing" a flock — i. e., removing sheep which are visibly diseased and 
then offering any portion of the remaining sheep for either inspec- 
tion or shipments or both — is directly and positively prohibited. 

Regulation 30. Healthy sheep in an area are not quarantined 
for the disease of scabies in sheep which have not been exposed to 
the disease may be shipped or trailed without restriction by the regu- 
lations of the secretary of agriculture to prevent the spread of sca- 
bies in sheep, but if the said sheep be unloaded, en route or at des- 
tination and are placed in infected premises they shall be treated 
as exposed sheep and shall not be forwarded to destination 
for purposes other than immediate slaughter until they shall 
have been dipped under the supervision of an inspector of the bu- 
reau of animal industry. 

Regulation 31. Sheep that are diseased with scabies and which 
have been dipped once in the manner hereinafter provided, under the 
supervision of an inspector of the bureau of animal industry, within 
ten days of date of shipment, may be shipped for immediate slaugh- 
ter to a recognized slaughtering center, and when so shipped the 
said sheep shall not be diverted en route and shall be slaughtered 
within two weeks after arrival at destination. If the diseased sheep 
are to be shipped for stocking or feeding purposes they shall be 
dipped twice, as above indicated, ten days apart, and shall be sub- 
mitted to inspection before shipment. 

Sheep that are not diseased with scabies, but which have been 
exposed to the contagion of the disease, may be moved for feeding 
or stocking purposes after one dipping, or they may be shipped by 
rail or boat to a recognized slaughtering center, for immediate 
slaughter without dipping. 

Regulation 32. When diseased sheep have been dipped once 
and are shipped for slaughter in accordance with regulation 31, the 
officers of the transportation company shall affix to both sides of 
each car a durable, conspicuous, printed placard not less than 5Yz 
by 8 inches in size, the letters of which shall be boldface, and not 

102 






less than iy 2 inches in height. These placards shall bear the words, 
"dipped and scabby sheep," and shall not be removed until the sheep 
have arrived at destination, have been unloaded, and the cars disin- 
fected. 

When exposed sheep are shipped without dipping for immediate 
slaughter, in accordance with regulation 31, the officers of the trans- 
portation company shall affix to both sides of each car a durable, 
conspicuous, printed placard not less than 5y 2 by 8 inches in size 
the letters of which shall be boldface and not less than ly 2 inches 
in height, bearing the words "exposed sheep for slaughter." 

Regulation 33. The dips now approved are: 

(a) The tobacco-and-sulphur dip, made with sufficient extract 
of tobacco or nicotine solution to give a mixture containing not less 
than five one-hundredths of one per cent, of nicotine and two per 
cent, flowers of sulphur. 

(b) The lime-and-sulphur dip, made with eight pounds of un- 
slaked lime and twenty-four pounds of flowers of sulphur to 100 
gallons of water. The lime and sulphur should be boiled together 
for not less than two hours, and all sediment allowed to subside be- 
fore the liquid is placed in the dipping vat. 

Either one of these dips may be used. 

Regulation 34. The dipping shall be done carefully and the 
sheep handled as humanely as possible. The department, however, 
assumes no responsibility for loss or damage resulting from the dip- 
ping, and those who wish to avoid any risks that may be incident to 
dipping at the stock yards as well as to avoid liability to prosecu- 
tion should see that their sheep are free from disease before ship- 
ping them to market. 

Regulation 35. The sheep shall be kept in the dip between two 
and three minutes and their heads be submerged at least once, though 
but for an instant at a time, and assistance should be rendered im- 
mediately if the sheep appear to be strangling. The dip shall be 
maintained at a temperature of between 100 deg. and 105 deg. F. while 
the sheep are in it. It shall be renewed as soon as it becomes filthy, 
regardless of the number of sheep dipped and in no case shall the 
dip be used when morei than one week old. In emptying the dip- 
ping vat the entire contents shall be removed, including all sedi- 
ment and droppings, or other foreign matter. Suitable dripping 
platforms and drying pens snail be provided. Sheep shall not be 
loaded until they have become dry. 

Regulation 36. Sheep shipped under a certificate are not guar- 
anteed uninterrupted transit; for in the event of the development 
of scabies or exposure thereto en route they shall be dipped before 
proceeding to their destination, and the cars or other vehicles and the 
chutes, alleys and pens that may have been occupied shall be clean- 
ed and disinfected as hereinafter provided. 

Regulation 37. Public stock yards shall be considered infected 
and the sheep yarded therein as having been exposed to the disease, 
and no sheep may be shipped from said yards except for immediate 
slaughter, without dipping. Where, however, a part or all of the 
stock yards is reserved and set apart for the reception of uninfected 
shipments of sheep and is kept free of disease sheep may be shipped 
from the reserved yards or portions thereof without dipping. If dis- 
eased sheep are introduced into said uninfected yards or portions 
thereof they shall be immediately removed therefrom and the chutes, 
alleys and pens occupied by the said sheep shall be thoroughly clean- 
ed and disinfected. No sheep shall be shipped for feeding or stock- 
ing purposes from any stock yards where an inspector of the bureau 
of animal industry is stationed without a certificate of inspection or 
of dipping issued by the said inspector. 

Regulation 38. Cars and other vehicles, yards, pens, sheds, 

103 



chutes, etc., that have contained diseased or exposed sheep shall be 
cleaned and disinfected in the following manner: Remove all litter 
and manure, and then saturate the interior surfaces of the cars and 
the woodwork, flooring, and ground of the chutes, alleys, and pens 
with a 5 per cent, solution of 100 per cent, carbolic acid in water, 
with sufficient lime to show where it has been applied. 

REGULATIONS TO PREVENT THE SPREAD OF 
MALADIE DU COIT. 

Regulation 39. No horses, or asses shall be offered for shipment 
shipped, transported, driven or trailed, or otherwise removed or al- 
lowed to drift from an area quarantined by the secretary of agricul- 
ture for maladie du coit without inspection and certification of free- 
dom from the disease for the purpose of the particular movement by 
an inspector of the bureau of animal industry. Owners and custodi- 
ians of horses or asses for whom inspection is made, shall provide 
such reasonable facilities and render such assistance as may be re- 
quired by the inspector. 

Regulation 40. Any animal or animals showing symptoms of the 
disease or known to have been exposed thereto shall, in the discretion 
of the inspector or employee of the bureau of animal industry, either 
be immediately quarantined and maintained in quarantine at the ex- 
pense of the owner or owners until released by the said inspector or 
employee, or shall be condemned and killed as hereinafter provided. 

Regulation 41. No stallion or jack shall be allowed to run at 
large on the Pine Ridge and Rosebud Indian reservations in the state 
of South Dakota, and all the stallions and jacks thereon shall be tag- 
ged as hereinafter provided. 

Regulation 42. There shall be no breeding of animals on the 
said reservations in a herd in which there is an animal which has 
been exposed to the infection of maladie du coit within eighteen months 
after the said exposure. 

Regulation 43. When it is necessary, in order to prevent the 
spread of the disease and to ail in its extermination the Department 
of Agriculture will purchase a diseased or exposed animal at a price 
based upon its actual value for work purposes at the time of pur- 
chase. W!hen, however, the owner or owners will not accept the in- 
demnity price offered by the department, the inspector shall arrange 
for a board of three appraisers, who shall determine the price to be 
paid for the condemned animal. This board .shall be constituted as 
follows: An inspector or other employe of the bureau of animal in- 
dustry, one person chosen by the owner of the animal or animals to 
be appraised, and the third member to be chosen by the two herein 
provided for. The animal or animals, under condemnation shall be 
maintained in quarantine at the expense of the owner or owners until 
disposed of. 

Regulation 44. Any stallions or jacks found running at large 
on the Pine Ridge and Rosebud Indian reservations on and after the 
date of this order may be castrated by an inspector or other employe 
of the bureau of animal industry of this department or by such other 
person as may be duly authorized by the inspector in charge of the 
district named, and no indemnity shall be allowed the owner in case 
of damage resulting from such castration. The terms "stallion" and 
"jack" .shall be understood to apply to any uncastrated male horse 
or ass one year of age or over. 

Regulation 45. Each stallion or jack on the above named reser- 
vations shall bear a numbered tag and shall be kept under such re- 
striction^ as the inspector in charge shall prescribe, and shall be 
subjected to examination at such times and as frequently as may be 
thought necessary by the inspector, for the purpose of ascertaining 
whether symptoms of the disease have developed. 

104 



Regulation 46. The department will pay a sum of $50 for au- 
thentic information leading to the discovery of the ownership and 
location of a stallion or a jack affected with the contagious venereal 
disease known as maladie du coit, and the sum of $25 for authentic 
information leading to the discovery of the ownership and location 
of a female animal affected with the disease: Provided, That when 
such information is received from more than one person as to the 
location of the same animal and owner, the sum above named shall 
be paid to the first informant, and when doubt exists or a dispute 
arises as to who was the first informant no reward shall be paid. 
Wlhen more than one diseased animal is found belonging to the same 
owner or on the same premises, only one reward shall be paid. 

REGULATION TO PREVENT THE SPREAD OF HOG CHOLERA 

AND SWINE PLAGUE. 

Regulation 47. No swine which are diseased with hog cholera 
or swine plague, or which have been exposed to either of the diseases 
by contact with diseased animals or by confinement in infected cars, 
pens, or other premises, shall be transported, trailed or driven from 
one state or territory into another state or territory or the District 
of Columbia, except as hereinafter provided. All persons intending 
to ship swine shall ascertain before offering them for shipment that 
the animals are not diseased and have not been exposed to the con- 
tagion of either disease. 

Regulation 48. Swine which are not diseased with hog cholera 
or swine plague and which have not been exposed to the infection 
thereof may be shipped from one state or territory or the District of 
Columbia, into another state or territory or the District of Columbia 
without restriction by the regulations of the secretary of agricul- 
ture, and subject only to such restrictions as may be imposed on the 
shipment by state or territorial or District of Columbia officers at 
destination. 

Regulation 49. Public stock yards shall be considered infected 
and no swine shall be shipped therefrom for feeding or stocking pur- 
poses. No diseased swine shall be shipped from the stock yards, but 
shall be slaughtered, subject to condemnation on postmortem inspec- 
tion; and all swine in a certain lot or shipment shall be considered 
diseased when one or more of them show evidence of the disease. Swine 
that are not diseased and have been merely exposed by being in the 
yards may be shipped to a recognized slaughtering center for imme- 
diate slaughter. Where, however, a part of the yard is set apart for 
the reception of uninfected shipments of swine and is kept free of in- 
fection, swine may be shipped from such part without restriction. 
Should such part be contaminated by the introduction of diseased 
swine, said animals shall be immediately removed therefrom, and the 
chutes, alleys and pens occupied by them thoroughly cleaned and dis- 
infected as hereinafter provided. 

Regulation 50. Cars and other vehicles and pens or yards which 
have contained diseased or exposed swine shall be cleaned and dis- 
infected as soon as possible after unloading. Cars shall not be removed 
before the inspector has had time to ascertain the condition of the 
animals and to give notice that the cars must be cleaned and disin- 
fected. Cleaning and disinfection shall be done by first removing all 
litter and manure and then saturating the interior surfaces of the 
cars and the woodwork, flooring and ground of the chutes, alleys and 
pens with a five per cent, solution of 100 per cent, carbolic acid in 
water, with sufficient lime to show where it has been applied. 



105 



ACTS OF CONGRESS 

UNDER WHICH THE FOREGOING REGULATIONS ARE MADE 

(Public No. 41.) 

An' act for the establishment of a Bureau of Animal Industry, to pre- 
vent the exportation of diseased cattle, and to provide means for 
the suppression and extirpation of pleuro-pneumonia and other con- 
tagious diseases among domestic animals. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled: 

That the Commissioner of Agriculture shall organize in his de- 
partment a bureau of animal industry, and ,shall appoint a chief thereof 
■who shall be a competent veterinary surgeon, and whose duty it shall 
be to investigate and report upon the condition of domestic animals 
of the United States, their protection and use, and also inquire into 
and report the causes of contagious, infectious, and communicable 
diseases among them, and the means for the prevention and cure of 
the same, and to collect such information on these subjects as shall 
be valuable to the agricultural and commercial interests of the 
country; and the commissioner of agriculture is hereby authorized 
to employ a force sufficient for this purpose, not to exceed twenty 
persons at any one time. The salary of the chief of said bureau 
shall be three thousand dollars per annum; and the commissioner 
shall appoint a clerk for said bureau, with a salary of one thousand 
five hundred dollars per annum. 

Sec. 2. That the commissioner of agriculture is authorized to 
appoint two competent agents, who shall be practical stock raisers 
or experienced business men familiar with questions pertaining to 
commercial transactions in live stock, and whose duty it shall be, 
under the instructions of the commissioner of agriculture, to examine 
and report upon the best methods of treating, transporting and caring 
for animals, and the means to be adopted for the suppression and 
extirpation of contagious pleuro-pneumonia, and to provide against 
the spread of other dangerous, contagious, infectious and communic- 
able diseases. The compensation of said agents shall be at the rate 
of ten dollars per diem, with all necessary expenses while engaged 
in the actual performance of their duties under this act when absent 
from their usual place of business or residence as such agent. 

Sec. 3. That it shall be the duty of the commissioner of agri- 
culture to prepare such rules and regulations as he may deem neces- 
sary for the speedy and effectual suppression and extirpation of said 
diseases, and to certify such rules and regulations to the executive 
authority of each state and territory, and invite said authorities to 
co-operate in the execution and enforcement of this act. Whenever 
the plans and methods of the commissioner of agriculture shall be 
accepted by any state or territory in which pleuro-pneumonia or other 
contagious, infectious, or communicable diseases is declared to exist, 
or such state or territory shall have adopted plans and methods for 
the suppression and extirpation of said diseases, and such plans and 
methods shall be accepted by the commissioner of agriculture, and 
whenever the governor of a state or other properly constituted auth- 
orities signify their readiness to co-operate for the extinction of any 
contagious, infectious, or communicable disease in conformity with the 
provisions of this act, the commissioner of agriculture is hereby auth- 
orized to expend so much of the money appropriated by this act as 
may be necessary in such investigations, and in such disinfection and 
quarantine measures as may be necessary to prevent the spread of 
the disease from one state or territory into another. 

Sec. 4. That in order to promote the exportation of live stock 
from the United States the commissioner of agriculture shall make 

106 



special_ investigation as to the existence of pleuro-pneumonia. or any 
contagious, infectious, or communicable disease, along the dividing 
lines between the United States and foreign countries, and along the 
lines of transportation from all parts of the United States to ports 
from which live stock are exported, and make report of the results of 
such investigation to the secretary of the treasury, who shall, from 
time to time, establish such regulations concerning the exportation 
and transportation of live stock as the results of said investigations 
may require. 

Sec. 5. That to prevent the exportation from any port of the 
United States to any port in a foreign country of live stock affected 
with any contagious, infectious, or communicable disease, and es- 
pecially pleuro-pneumonia, the secretary of the treasury be, and he 
is hereby, authorized to take such steps and adopt such measures, 
not inconsistent with the provisions of this act, as he may deem neces- 
sary. 

Sec. 6. That no railroad company within the United States, or 
the owners or masters of any steam or sailing or other vessel or boat, 
shall receive for transportation or -transport from one state or territory 
to another, or from any state into the District of Columbia, or from the 
district into any state, any livestock affected with any contagious, 
infectious, or communicable disease, and especially the disease known 
as pleuro-pneumonia; nor shall any person, company, or corporation 
deliver for such transportation to any railroad company, or master or 
owner of any boat or vessel, any live stock, knowing them to be af- 
fected with any contagious, infectious, or communicable disease; nor 
shall any person, company, or corporation drive on foot or transport 
in private conveyance from one state or territory to another, or from 
any state into the District of Columbia, or from the District of Co- 
lumbia into any state, any live stock, knowing them to be affected 
with any contagious, infectious, or communicable disease and espe- 
cially the disease known as pleuro-pneumonia; Provided, That the 
so-called splenetic, or Texas, fever shall not be considered a conta- 
gious, infectious, or communicable disease within the meaning of sec- 
tions four, five, six, and seven of this act, as to cattle being trans- 
ported by rail to market for slaughter, when the same are unloaded 
only to be fed and watered in lots on the way thereto. 

Sec. 7. That it shall be the duty of the commissioner of ag- 
riculture to notify, in writing, the proper officials or agents of any 
railroad, steamboat, or other transportation company doing business 
in or through any infected locality, and by publication in such news- 
papers as he may select, of the existence of said contagion; and any 
person or persons operating any such railroad, or master or owner 
of any boat or vessel, or owner or custodian of or person having con- 
trol over such cattle or other live stock within such infected district, 
who shall knowingly violate the provisions of section six of this act, 
shall be guilty of a misdemeanor, and upon conviction shall be pun- 
ished by a fine of not less than one hundred dollars nor more than 
five thousand dollars, or by imprisonment for not more than one 
year, or by both such fine and imprisonment. 

Sec. '8. That whenever any contagious, infectious or communic- 
able disease affecting domestic animals, and especially the disease 
known as pleuro-pneumonia, shall be brought into or shall break out 
in the District of Columbia, it shall be the duty of the commissioners 
of said district to take measures to suppress the same promptly and to 
prevent the same from spreading and for this purpose the said commis- 
sioners are hereby empowered to order and require that any premises, 
farm or farms, where such disease exists, or has existed, be put in quar- 
antine ; to order all or any animals coming into the dfisstrict to be de- 
tained at any place or places for the purpose of inspection and ex- 

107 



amination; to prescribe regulations for and require the destruction of 
animals affected with contagious, infectious, and communicable disease, 
and for the proper disposition of their hides and carcasses; to pre- 
scribe regulations for disinfection and such other regulations as they 
may deem necessary to prevent infection or contagion being communi- 
cated, and shall report to the commissioner of agriculture whatever 
they may do in pursuance of the provisions of this section. 

Sec. 9. That it shall be the duty of the several United States 
district attorneys to prosecute all violations of this act which shall 
be brought to their notice or knowledge by any person making the 
complaint under oath; and the same shall be heard before any Dis- 
trict or Circuit Court of the United States or territorial court holden 
within the district in which the violation of this act has been com- 
mitted. 

Sec. 10. That the sum of one hundred and fifty thousand dollars 
to be immediately available, or so much thereof as may be necessary 
is hereby appropriated, out of any moneys in the treasury not other- 
wise appropriated, to carry into effect the provisions of this act. 

Sec. 11. That the commissioner of agriculture shall report an- 
nually to Congress, at the commencement of each .session, a list of 
the names of all persons employed, an itemized statement of all ex- 
penditures under this act, and full particulars of means adopted and 
carried into effect for the suppression of contagious, infectious, or 
communicable diseases among domestic animals. 

Approved, May 29, 1884. 

(Public— No. 49.) 

An Act to enable the Secretary of Agriculture to more effectually 
suppress and prevent the spread of contagious and infectious dis- 
seases of live stock, and for other purposes. 

Be it Enacted by the Senate and House of Representatives of the 
United States of America, in Congress assembled: 

That, in order to enable the secretary of agriculture to effectual- 
ly suppress and extirpate contagious pleuro-pneumonia, foot-and-mouth 
disease, and other dangerous contagious, infectious, and communicable 
diseases in cattle and other live stock, and to prevent the spread of 
such diseases, the powers conferred on the secretary of the treasury 
by sections four and five of an act entitled "An act for the establish- 
ment of a bureau of animal industry, to prevent the exportation of 
diseased cattle and to provide means for the suppression and extir- 
pation of pleuro-pneumonia and other contagious diseases among 
domestic animals," approved May twenty-ninth, eighteen hundred and 
eighty-four (twenty-third United States Statutes, thirty-one), are 
hereby conferred on the secretary of agriculture, to be exercised ex- 
clusively by him. He is hereby authorized and directed from time to 
time, to establish such rules and regulations concerning the exporta- 
tion and transportation of live stock from any place within the United 
States where he may have reason to believe such diseases may exist 
into and through any state or territory, including the Indian Territory, 
and into and through the District of Columbia and to foreign countries 
as he may deem necessary, and all such rules, and regulations shall 
have the force of law. Whenever any inspector ot assistant inspector 
of the bureau of animal industry shall issue a certificate showing 
that such officer had inspected any cattle or other live stock, which 
were about to be shipped, driven, or transported from such locality 
to another, as above stated, and had found them free from Texas or 
splenetic fever_ infection, pleuro-pneumonia, foot-and-mouth disease, 
or any other infectious, contagious, or communicable disease, such 
animals so inspected and certified may be shipped, driven or trans- 
ported from such place into and through any state or territory, in- 
cluding the Indian Territory, and into and through the District of 

108 



Columbia, or they may be exported from the United States without 
further inspection or the exaction of fees of any kind, except such as 
may at any time be ordered or exacted by the secretary of agricul- 
ture; and all such animals shall at all times be under the control and 
supervision of the bureau of animal industry of the Agricultural De- 
partment for the purposes of such inspection. 

Sec. 2. That the secretary of agriculture shall have authority 
to make such regulations and take such measures as he may deem 
proper to prevent the introduction or dissemination of the contagion 
of any contagious, infectious or communicable disease of animals from 
a foreign country into the United States, or from one state or terri- 
tory of the United States or the District of Columbia to another and 
to seize, quarantine, and dispose of any hay, straw, forage or similar 
material, or any meats, hides, or other animal products coming from 
an infected foreign country, to the United States, or from one state 
or territory or the District of Columbia in transit to another state 
or territory or the District of Columbia whenever in his judgment 
such action is advisable in order to guard against the introduction 
or spread of such contagion. 

Sec. 3. That any person, company, or corporation knowingly vi- 
olating the provisions of this act or the orders or regulations made in 
pursuance thereof, shall be guilty of a misdemeanor, and on convic- 
tion shall be punished by a fine of not less than one hundred dollars 
nor more than one thousand dollars, or by imprisonment not more than 
one year, or by both such fine and imprisonment. 

Approved, February 2, 1903. 

(Public— No. 229.) 

An Act to enable the secretary of agriculture to establish and main- 
tain quarantine districts, to permit and regulate the movement of 
cattle and other live stock therefrom, and for other purposes. 

Be it Enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled: 

That the secretary of agriculture is authorized and directed to 
quarantine any state or territory or the District of Columbia, or any 
portion of any state or territory or the District of Columbia, when 
he shall determine the fact that cattle or other live stock in such state 
or territory or District of Columbia are affected with any contagious, 
infectious or communicable disease; and the secretary of agriculture 
is directed to give written or printed notice of the establishment of 
quarantine to the proper officers of railroad, steamboat, or other 
transportation companies doing business in or through any quaran- 
tined state or territory or the District of Columbia, and to publish in 
such newspapers in the quarantined state or territory or the District 
of Columbia, as the secretary of agriculture may select, notice of the 
establishment of quarantine. 

Sec. 2. That no railroad company or the owners or masters of 
any steam or sailing or other vessel or boat shall receive for trans- 
portation or transport from any quarantined state or territory or the 
District of Columbia, or from the quarantined portion of any state 
or territory or the District of Columbia, into any other state or ter- 
ritory or the District of Columbia, any cattle or other live stock, ex- 
cept as hereinafter provided; nor shall any person, company or cor- 
poration deliver for such transportation to any railroad company, or 
to the master or owner of any boat or vessel any cattle or other live 
stock except as hereinafter provided; nor shall any person, company, 
or corporation drive on foot, or cause to be driven on foot, or trans- 
port in private conveyance or cause to be transported in private con- 
veyance, from a quarantined state or territory or the District of Co- 
lumbia, or from the quarantined portion of any state or territory or 
the District of Columbia, into any other state or territory, or the 

109 



District of Columbia, any cattle or other live stock, except as here- 
inafter provided. 

Sec. 3. That it shall be the duty of the secretary of agriculture, 
and he is hereby authorized and directed, when the public safety will 
permit, to make and promulgate rules and regulations which shall 
permit and govern the inspection, disinfection, certification, treat- 
ment, handling, and method and manner of delivery and shipment of 
cattle or other live stock from a quarantined state or territory or the 
District of Columbia, and from the quarantined portion of any state 
or territory or the District of Columbia, into any other state or ter- 
ritory or the District of Columbia; and the secretary of agriculture 
shall give notice of such rules and regulations in the manner provided 
in section two of this act for notice of establishment of quarantine. 

Sec. 4. That cattle or other live stock may be moved from a 
quarantined state or territory or the District of Columbia, or from 
the quarantined portion of any state or territory or the District of 
Columbia, into any other state or territory or the District of Colum- 
bia, under and in compliance with the rules and regulations of the 
iSecretary of agriculture, made and promulgated in pursuance of the 
provisions of section three of this act; but it shall be unlawful to move 
or to allow to be moved, any cattle or other live stock from any 
quarantined 1 state or territory or the District of Columbia, or from 
the quarantined portions of any state or territory, or the District of 
Columbia, into any other state or territory or the District of Colum- 
bia, in manner or method or under conditions other than those pre- 
scribed by the secretary of agriculture. 

Sec. 5. That every person who forcibly assaults, resists, opposes, 
prevents, impedes, or interferes with any officer or employe of the 
bureau of animal industry of the United States Department of Agri- 
culture in the execution of his duties, or on account of the execution 
of his duties, shall be fined not less than one hundred dollars nor more 
than one thousand dollars, or be imprisoned not less than one month 
nor more than one year, or by both such fine and imprisonment; and 
every person who discharges any deadly weapon at any officer or em- 
ploye of the bureau of animal industry of the United States Depart- 
ment of Agriculture, or uses any dangerous or deadly weapon in re- 
sisting him in the execution of his duties, with intent to commit a 
bodily injury upon him or to deter or prevent him from discharging 
his duties, or on account of the performance of his duties, shall upon 
conviction, be imprisoned at hard labor for a term not more than five 
years or fined not to exceed one thousand dollars. 

Sec. 6. That any person, company, or corporation violating the 
provisions of sections two or four of this act shall be guilty of a mis- 
demeanor, and on conviction shall be punished by a fine of not less 
than one hundred dollars nor more than one thousand dollars, or by 
imprisonment not more than one year or by both such fine and im- 
prisonment. 

Approved, March 3, 1905. 

TWENTY-EIGHT HOUR RELEASE— INTERSTATE SHIPMENT. 

United States Regulation. 
No railroad, express company, car company, common carrier other 
than by water, or the receiver, trustee, or lessee of any of them, whose 
road forms any part of a line of road over which cattle, sheep, swine, 
or other animals shall be conveyed from one state or territory or the 
District of Columbia, or the owners or masters of steam, sailing, or 
other vessels carrying or transporting, cattle, sheep, swine, or other 
animals from one State or Territory or the District of Columbia into 
or through another State or Territory or the District of Columbia, 
shall confine the same in cars, boats, or vessels of any description for 
a period longer than twenty-eight consecutive hours without unload- 

110 



ing the same in a humane manner, into properly equipped pens for 
rest, water, and feeding, for a period of at least five consecutive 
h-ours, unless prevented by storm or by other accidental or unavoidable 
causes which cannot be anticipated or avoided by the exercise of due 
diligence and foresight: PROVIDED, That upon the written request 
of the owner or person in custody of that particular shipment, which 
written request shall be separate and apart from any printed bill of 
lading, or other railroad form, the time of confinement may be ex- 
tended to thirty-six hours. In estimating such confinement, the time 
consumed in loading and unloading shall not be considered, but the 
"time during which the animals have been confined without such rest or 
food or water on connecting roads shall be included, it being the in- 
tent of this act to prohibit contingencies hereinbefore stated: PRO- 
VIDED, That it shall not be required that sheep be unloaded in the 
night time, but where the time expires in the night time in case of 
sheep the same may continue in transit to a suitable place for un- 
loading, subject to the aforesaid limitation of thirty-six hours. 

That animals so unloaded shall be properly fed and watered dur- 
ing such rest either by the owner or persons having the custody 
thereof, or in case of his default in so doing, then by the railroad, ex- 
press company, car company, common carrier other than by water, 
or the receiver, trustee, or lessee of any of them, or by the owner 
or masters of boats or vessels transporting the same, at the reasonable 
expense of the owner or person in custody thereof, and such railroad, 
express company, common carrier other than water, receiver, trustee, 
or lessee of any of them, owners or masters, shall in such case have 
a lien upon such animals for food, care, and custody furnished, col- 
lectible at their destination in the same manner as the transportation 
charges are collected, and shall not be liable for any detention of such 
animals, when such detention is of reasonable duration, to enable 
compliance with Section one (first paragraph hereof) of this act; 
but nothing in this section shall be construed to prevent the owner 
or shipper of animals from furnishing food therefor, if he so desires. 

That any railroad, express company, common carrier other than 
by water, or the receivers, trustee, or lessee or any of them, or the 
master or owner of any steam, sailing, or other vessel who knowingly 
and wilfully fails to comply with the provisions of the two preceding 
sections (paragraphs) shall for every such failure be liable for a for- 
feit and pay a penalty of not less than one hundred nor more than 
five hundred dollars: PROVIDED, That when animals are carried in 
cars, boats, or other vessels in which they can and do have proper 
food, water, space, and opportunity to rest the provisions in regard 
"to their being unloaded shall not apply. 

That the penalty created by the preceding section (paragraph) 
shall be recovered by civil action in the name of the United States 
in the Circuit or District Court holden within the district where the 
violation may have been committed or the persons or corporation re- 
sides or carries on business; and it shall be the duty of United States 
Attorneys to prosecute all violations of this Act reported by the Sec- 
retary of Agriculture, or which may come of their knowledge by 
other means. - 

The rules and regulations of the various railroads are for all 
practical purposes the same — this being obvious when attention is 
called to the fact that all the participating carriers of any given road 
are bound by the rules and regulations of the originating carrier. 
Hence, it is deemed inadvisable to give verbatim the rules and regu- 
lations of each individual road, as to do so would only be a repetition 
and would tend to confuse and work no practical end. 

A familiarity with the following rules and regulations will place 
the shipper in a familiar status with the rules and regulations of all 
the railroads. 

Ill 



RAILROAD RULES AND REGULA- 
TIONS 

COW PONIES, CARLOADS— Cattle rates will apply on Cow 
Ponies in mixed carloads of Cattle and Cow Ponies or straight car- 
loads of Cow Ponies. 

Applies, only between points in Nebraska. 

CALVES IN DOUBLE DECK CARS— Calves in double deck cars 
will not be accepted for shipment. 

GOATS, CARLOADS — Goats, carloads, apply sheep carload rates 
and minimum weights. 

HOGS IN DOUBLE DECK CARS, CARLOADS— Rate on Hogs 
in double deck cars will be 200 per cent of the charge on a single deck 
the same size. 

SHEEP IN DOUBLE DECK CARS— Under the law of the State 
of Missouri, Section 1992, R. S. No. 1899, Railroad Companies are 
required to provide double deck cars for carrying Sheep, and to carry 
such double deck cars at the same rate as for one car Cattle. 

Railroad Companies not having a sufficient or proper equipment 
of cars to accomodate this, are permitted to use single deck cars, but 
no more can be charged for two single deck cars loaded with sheep 
than is charged for one carload of Cattle. 

Applies only between stations in Missouri. 

SHEEP IN TIERED CARS-^The rates provided on Sheep in 
double deck cars will apply on Sheep in Tiered Cars. 

ACCEPTING DIPPED SHEEP— Shipments of Sheep which 
have been dipped will not be accepted for shipment until same have 
been out of the dip at least 24 hours. 

ORDERING CARS — On account of the charges on shipments 
rated in dollars per car and the minimum weights on shipments rated 
in cents per 100 pounds being based on the length of car used, ship- 
pers must be particular to state in their order to Agents the length 
of car desired. 

FURNISHING CARS OF DIFFERENT SIZE THAN ORDER- 
ED — When carrier can not furnish car of length or capacity ordered 
by shipper, and for its own convenience furnishes car of greater 
capacity than the one ordered by shipper, it will be used on the basis 
of the minimum carload weight named herein to apply on size of car 
ordered by shipper, but in no case less than actual weight. 

The capacity of the car ordered, the number of the order and the 
date of same, initials, number and capacity of cars furnished to be 
shown in each instance on the bill of lading and waybill. 

In no case must shipment be billed at minimum Weight pre- 
scribed for a car of less capacity than in general service. 

Apples only when shipment tendered could have been loaded into 
car of the size or carrying capacity ordered by shipper. • 

Under above rules orders will not be accepted for cars of less 
capacity than prescribed by minimum weights named herein. 

St. Joseph & Grand Island Ry. has no stock cars of less length 
than 36 feet and 6 inches and will not undertake to supply smaller 
cars or protect minima applicable on cars of less dimensions. 

TRANSPORTATION FOR CARETAKERS IN CHARGE OF 
LIVE STOCK — Live Stock Contracts when presented by men actu- 
ally in charge of the stock, will be honored for transportation as in- 
dicated below and in accordance with Rules and Instructions herein 
given. 

112 



(a) One man will be passed in charge of one car of live stock,:. 
No return pass will be given, except that return pass will be givem 
to men who accompany one carload of horses, mules or asses. (See note . 
below) . 

(b) One man will be passed each way when in charge of twc 
to five cars of Live Stock from one owner on the same train. 

(c) Two men will be passed each way when in charge of 6 to * 
10 cars of Live Stock which is the maximum number of men that . 
will be passed with six to ten cars of Live Stock for one owner on 
the same train. 

(d) Three men will be passed each way when in charge of 11 . 
or more cars of Live Stock which is the maximum number !-hat : 
will be passed with Live Stock for one owner on the same train. 

(e) When two cars of stock are shipped from different sta- 
tions by same owner and are received at destination on same train, . 
man in charge shall be entitled to return pass to station nearest to 
market. 

(f) Women or persons under 18 years of age or persons in — 
competent to take charge of Live Stock will not be passed in charge 2 
of Live Stock. 

(g) Return passes for men in charge of Horses and Mules tc 
be presented within sixty days, and for men in charge of other stock: 
within twenty days after date of contract, the return passage to be. 
commenced within twenty-four hours after the issuance of return: 
pass. 

(h) Persons will use the original live stock contract for the 
going transportation, and upon surrender of such original contract:, 
within the time limit specified in this item, he will receive for return, 
journey stock ticket, or tickets if entitled thereto. Duplicate in all 
cases to be retained for the Company's use, and must be forwarded.: 
to the Auditor without delay. 

(i) It is very important that the forwarding agent shall see 
that the Live Stock Contract (original and duplicate) is properly 
filled in and executed in ink, and that the parties in charge of or at- 
tending the Live Stock and entitled to free transportation, sign 
their name in the space provided on the back of the contract under the 
heading "Release for man or men in charge." Agent should draw his 
pen through any such spaces as are not used, and stamp the contract 
in the space provided therefor. 

(j) If party returning is entitled to free transportation, as 
provided in rules shown herein, and surrenders stock contract before 
its expiration issue a return stock ticket (Form L-15). 

(k) The agent at destination to whom an original Live Stock : 
Contract is presented with request for return transportation, must, re — 
quire the parties to sign, their names on the back of the contract. . 
under the heading, "Receipt for the return transportation," etei He- 
must then inspect it carefully, compare the signatures with those.- 
under the heading, "Release for man or men in charge," and satisfy 
himself that they are identical before issuing stock tickets. In case 
the Live Stock attendants entitled to return transportation in con- 
nection with any single contract do not wish to return at the same 
time, the agent will take up the original contract when presented by 
the party desiring to return first, and will hold it until the others 
call for their return transportation; it being understood that the 
limit, 20 or 60 days, as authorized, shall not be exceeded. As soon . 
as all the return transportation has been issued the Agent will for- 
ward the original Stock Contract to the Auditor, together with the 
report of the stock tickets issued thereon. Agents failing to comply 
with this clause will be charged with the ticket at full tariff rates. 

(1) Persons in charge of Live Stock will be carried only trgGE^i 

113 



&he same train in which Live Stock is forwarded. Return transpor- 
tation will be good on passenger trains. 

(m) Transportation will be furnished only to owners, shippers 
-or men actually in their employ who have accompanied the shipments 
~to destination. Agents will be careful to see that merchants or 
traveling men who have no interest in the stock, and who would 
otherwise pay their fare, are not passed on account of stock ship- 
ments. Agents must see that this rule is observed. 

(n) The above rules will apply on shipments from one con- 
signor only. 

(o) Agents must not issue more than one contract to any one 
shipper whose Live Stock moves same date and train. 

(p) No return transportation will be furnished to persons in 
charge of Live Stock except as provided above. 

(q) When two single deck cars are furnished in lieu of one 
■double deck car, return transportation will only be furnished the 
same as if the party had accompanied the double deck car as or- 
iginally ordered. 

NOTE: — One man will be passed each way when in charge of 
one car of live stock moving between points in Missouri. 

LIVE STOCK SHIPMENTS WITHOUT CARETAKERS^When 
^owners or shippers desire to forward their Stock without a caretaker 
in charge and the railroad company accepts the shipment under these 
-conditions, it must be understood that in so doing the shipper assumes 
call risk of loss or damage, and notation to that effect must be made 
-on the Live Stock Contract and waybill, and the Agent must write 
in ink or stamp, in space provided for the signature of the caretaker 
on back of Live Stock Contract. "No attendant in charge; this con- 
tract is not good for return transportation." 

This information must be telegraphed to junction points and 
points at which stock is billed to feed. Agents will be held personally 
^responsible for the enforcement of this rule. 

LIMITATION OF LIABILITY— Rates on Live Stock published 

-herein, will apply on shipments made at owner's risk, with limitations 

of liability on the part of the railroad company as common carrier 

under the terms and conditions of the current Live Stock Contract 

^provided by this company as shown herein, the contract to be first 

• duly executed in manner and form provided for therein. 

Where the declared value exceeds the limited liability value as 
provided in our Live Stock Contract, an addition of twenty-five (25) 
per cent shall be made for each one hundred (100) per cent., or frac- 
tional part thereof for such increase. Where Live Stock Contract is 
not executed, and stock handled at carrier's risk, the rate shall be 
one hundred and fifty (150) per cent, of the limited liability rate as 
above. Shippers shall be required to declare the value of live stock 
offered, and shipments will not be accepted where this information 
is refused. 

RECONSIGNING OF LIVE STOCK— Shippers who wish to avail 
themselves of the through rate to Kansas City, Mo., on Live 
Stock must execute contracts showing destination Kansas City, 
Mo., and way bills for the shipments must show the same destination. 
If shipments which are consigned through are sold at St. Joseph, Mo., 
they will be delivered at the St. Joseph, Mo., rate, but if forwarded 
to Kansas City, Mio., as shown on the contract and billing through 
rate will be protected. Shipments which are consigned to Kansas 
City, Mo., with privilege of trying St. Joseph, Mo., market will be 
billed to St. Joseph, Mo., at proper rate but if the shipper does not 
desire the privilege of St. Joseph, Mo., market, the shipment will be 
billed through to destination in accordance with instructions issued 
by the Auditor. 

114 



NOTE : Carload shipments of Live Stock, consigned locally, -toss 
St. Joseph, Mo., may be reconsigned to> Kansas City, Mo., at author- 
ized through rates from points of origin to final destination only 
when the identity of the original carload has been preserved without: 
addition, removal, or change in the original contents of the car ex~-, 
cept from death from natural or accidental causes or from injury iir: 
transit of animals comprising the shipment, and without change ira 
ownership of the shipment. 

WEIGHING OF HORSES AND MULES, CARLOADS 

Horses and Mules will not be weighed but will be billed on 
the basis of the minimum weights provided for the various 
sized cars as shown herein. 

EXECUTING LIVE STOCK CONTRACTS— In executing Live- 
stock Contracts, either for car loads or single animals, the authoriz- 
ed rate upon which the shipment is moved must be inserted 
in the space provided for the rate in the Live Stock Contract blank.. 
Writing the word "Tariff," or abbreviations for that word, in the; 
rate space must be discontinued entirely. 

Parties actually in charge of live stock must be required to v sigm, 
their names in their own handwriting, on back of Stock Contracts. 

It is very important that the forwarding agent shall see that:. 
Live Stock Contract (original and duplicate) is properly filled in and 
executed in ink, and that the parties in charge of or attending the 
Live Stock and entitled to transportation free, sign their names iis 
spaces provided on back of contract. Agent must be careful that 
the names of parties not actually in charge of shipment are not 
placed upon the contract and should draw his pen through any suck- 
spaces as are not used and stamp the contract in the place provided; 
therefor. 

Agents in executing Live Stock Contracts must fill in blank space 
provided therefor, the Live Stock valuations as provided therefor, the. 
live stock valuations as provided in Western Classification or abbre- 
viations for same, as reference for limited valuation will not do. 

RENTAL CHARGE FOR USE OF ARMS PALACE HORSE 
CARS — These cars are to be used for transporatation of Horses 
only and rental charge will be made in addition to the regular freight 
rate as follows. 

DESCRIPTION— Series 30 to 2500 (Crosswise Stalled) 20 
horses — 48 feet in length; 18 stalls; water tanks; feed mangers. Roomr , 
for one or two extra horses in doorway. Equipped for freight train, 
service. 

100 miles or less, continuous trip $10.00. 

101 miles to 300 miles, continuous trip $12.00. 
301 miles to 500 miles, continuous trip $15.00. 

501 miles or over, continuous trip three cents per mile, loaded - 
distance. 

(See exceptions below.) 

DESCRIPTION— Series 3000 to 3030 (Without .Stalls)— 2B- 
Horses — 60 feet long; three compartment car; used in passenger 
service only. 

Rental charges the same as for Series 5001 to 5021. 

DESCRIPTION— Series 4000 to 4250 (Without Stalls)— 22 tc 
26 Horses — 48 feet in length; stalless car with three compartments r; 
for loading animals loose. Equipped for freight train service. 

200 miles or less, continuous trip $6.00. 

201 miles to 500 miles, continuous trip $10.00. 
501 miles to 700 miles, continuous trip $15.00. 
701 miles to 1.200 miles, continuous trip $18.00, 
1201 miles to 1,590 miles, continuous trip $20.00. 

For every 109 miles or fractional part thereof in excess of 1,5%^> 
miles $1.00 additional (See exception below.) 

lib 



DESCRIPTION— Series 5001 to 5021 (Lengthwise Stalled). Com- 
bination Horse and Carriage Cars. — 16 Horses — 44 feet in length; 16 
^portable stalls; water tanks; feed boxes. These cars, except Nos. 5001 
^to 5003, inclusive have doors 8 feet wide, admitting vehicles on their 
^wheels. Also specially suitable for shipping race horses. Equipped 
-sfor passenger and freight train service. 

100 miles or less, continuous trip $10.00 

101 miles to 400 miles* continuous trip $16.00 

401 miles or over continuous trip four cents per mile, loaded 

DESCRIPTION— Series 6001 to 6350 (Lengthwise Stalled). For- 
merly known as Burton Perfected Cars. — 16 Horses — 44 feet in 
length; 16 adjustable stalls; water tank; feed trough. Especially 
-designed for shipping race horses. Equipped for passenger and 
: freight train service. 

100 miles or less continuous trip $10.00 

101 miles to 400 miles continuous trip 16.00 

401 miles or over continuous trip four cents per mile loaded dis- 
tance, with a cents per mile, loaded distance. 

(a) Rental charge must be collected or billed as advanced 
-charges at loading station for the entire trip, i. e. through to final 
•-destination. 

(b) Where cars of the description ordered are not available, 
-Arms Palace Horse Car Co. reserves the right, with shippers' con- 
sent, to substitute cars, taking a higher rate and charge the lower 
3"ate applicable to the kind of car ordered. 

RENTAL CHARGE FOR USE OF KEYSTONE PALACE 
HORSE CARS — (Owned and operated by Arms Palace Horse Car Co.) 

Cars, length inside, 48 feet; 18 diagonal stalls, with room in 
center aisle for one or two extra animals. 

100 miles or less, continuous trip, $10.00. 

101 to 300 miles continuous trip, $12.00. 
301 to 500 miles, continuous trip, $15.00. 

501 miles or over, continuous trip, three cents per mile loaded 
<di stance. 

Rental charge is in addition to regular freight rate. 

RENTAL CHARGE FOR USE OF DOUD PALACE HORSE 

"CIARS — On Doud cars, Series 500 to 599, inclusive, when loaded with 

ihorses and mules, one cent per car per mile, minimum charge $5.00 

;per car and which is in addition to the regular freight rate. When 

the above numbered cars are loaded with cattle, sheep, or hogs no 

rental charge will be made. On other Doud cars (not numbered as 

above) no rental charge will be made when loaded with any kind of 

live stock. 

RENTAL CHARGE FOR USE OF MATHER PALACE 
HORSE CARS— Mather Horse Cars Ncs. 7501 to 1908 (inclusive) 
care especially designed for horses. 

Rental charge is made for the use of these cars, when loaded 
with Horses, Mules or Fine Stock, of one cent per mile the loaded 
way, with a minimum charge of five dollars ($5.00) for any one 
trip and which is in addition to the regular freight rate. 

RENTAL CHARGE FOR USE OF STREETS PALACE 
HORSE CARS — No rental charge will be made for the use of cars 
belonging to the Street's Western Stable-Car Line, which are known 
and lettered "Street's Western Stable Car Line," "Hicks Stock Car," 
il C. C. C. C." (Consolidated Cattle Car Co.) and "Quaker City Live 
Stock Line," when loaded with Cattle, Horses and Mules. 

STOPPING IN TRANSIT OF HORSES. MULES OR ASSES 
"TO FINISH LOADING— Horses, Mules or Asses in carload ship- 
ments may be stopped once in transit to finish loading at a charge 
of $5.00 per car therefor. Such stop to be limited to twenty-four 

116 



hours, and Horses, Mules or Asses will not be allowed to be taken 
from the yards. 

STOPPING IN TRANSIT OF HORSES MULES OR ASSES 
FOR FEED, REST OR SALE— Shipments of Horses, Mules or Asses 
may be stopped in transit at points intermediate between point of 
origin and destination for feed, water and rest. Such stops not to 
exceed a period of 72 hours. No change in the identity of the Live 
Stock constituting the original shipment will be allowed. No charge 
will be made for stops made for this purpose. 

Shipments of Horses, Mules or Asses may be stopped in transit 
at points intermediate between point of origin and final destination 
for the purpose of sale or speculation at a charge of $10.00 per car 
for each stop. Each stop shall be limited to 15 days and such stops 
will be restricted to points west of the Missouri River. 

Instructions for stopping in transit for sale or speculation shall 
be noted on the original Live Stock Contract and on the way-bill, and 
stops for such purposes shall not otherwise be made save on the or- 
iginal order of the consignee. 

The Agents will note on billing a record of each stop and the 
duration of same. 

If there is an exchange of Horses, Mules or Asses, or an addition 
of local Horses, Mules or Asses during the stop the waybills will be 
taken into account at the local rate to the stopping point. 

STOPPING IN TRANSIT OF CATTLE, HOGS OR SHEEP FOR 
FEED, REST OR SALE— Shipments of Cattle, Sheep or Hogs may 
be held in Stock Yards for feed, rest or sale as follows: Cattle or 
Hogs, ten days; Sheep, thirty days. 

STOPPING IN TRANSIT OF RANGE HORSES TO PUT IN 
CONDITION FOR MARKETING— Range Horses may be stopped in 
transit for a period not exceeding one year to put in condition for 
marketing at the following charges: 

Cars 31 feet and under in length, inside measurement $15.00 

Cars over 31 feet to and including 33 feet 6 inches, in length, 

inside measurement 16.00 

Cars 33 feet 6 inches to and including 36 feet in length, 

inside measurement 17.00 

STOPPING IN TRANSIT OF CATTLE AND SHEEP FOR 
FATTENING — Cattle or Sheep in double deck cars, straight car- 
loads, originating at points on the St. Joseph & Grand Island Rail- 
way in Kansas or Nebraska, destined to St. Joseph or Kansas City, 
Mo., may be stopped to fatten in transit at intermediate stations on 
the St. Joseph & Grand Island Railway in Kansas or Nebraska, under 
the following conditions: 

(a) Agents at original point of shipment must make notation 
on each waybill "To fatten in transit," and must be particular to note 
on each waybill the number of head of cattle or sheep loaded in each 
car. 

(b) The charge for this privilege will be 7 cents per 100 pounds 
above through rates from point of origin to destination, based on the 
minimum weights shown herein, naming rates to St. Joseph or Kan- 
sas City, Mo. 

(c) Charges based on these rates and minimum weights must 
be collected at the stopping point. 

(d) Shipments must be re-shipped from stopping point within 
twelve months (one year) from date of shipment from point of ori- 
gin. 

(e) All live stock stopped in transit under these terms will be 
weighed at final marketing points, and all surplus weight caused 
by fattening will be charged for at local rate stopping point to mar- 
ket. 

117 



(f) It should be understood that the total charge (not includ- 
ing privilege charge) should not be in excees of the amount charge- 
able on the greater length of car point of origin to final destination, 
subject to final destination weight, when through rate is in cents per 
100 pounds. 

(g) In waybilling from stopping points, agents must give full 
reference to the waybill on which shipment was received, showing the 
initial, number and size of car in which received, the weight at which 
shipment was taken into account, and the amount collected at stop- 
ping point. 

ALLOWANCE FOR FILL— On carload shipments of Cattle and 
Hogs forwarded from Kansas City, Mo., or St. Joseph, Mo., the fol- 
lowing deductions will be made from weights obtained at points of 
shipment after the Cattle or Hogs have been fed and watered, sub- 
ject to minimum carload weight prescribed in the Tariffs: 

Cattle 500 pounds per car 

Hogs, in single deck cars 300 pounds per car 

Hogs, in double deck cars 600 pounds per car 

LIVE STOCK RATED IN DOLLARS PER CAR— Where the 
rates in this tariff on Live Stock are named in dollars per standard 
car, such rates are to be used only as a basis for obtaining rates as 
follows and will apply on cars either common or patent. 
Cars 33 feet 11 inches or under, 107% of the Standard Car Rates. 
Over 33 feet 11 inches, to and 

including 36 ft. 7 inches, 110% of the Standard Car Rates. 

Over 36 feet 7 inches, to and 

including 38 ft., 113% of the Standard Car Rates. 

Over 38 feet, to and including 

40 feet, '__ 116% of the Standard Car Rates. 

Over 40 feet, to and including 

ing 42 feet, 125% of the Standard Car Rates. 

Over 42 feet, to and including 

44 feet, 135% of the Standard Car Rates. 

Over 44 feet, , .-. 140% of the Standard Car Rates. 

MINIMUM WEIGHTS ON LIVE STOCK RATED IN CENTS 
PER 100 POUNDS. 

LENGTH OF CARS— Inside Measurement. MINIMUM WEIGHTS— In Pounds. 

sSeep;i:S: Hogs.S.D. Sheep, S.D^ 
Cars 33 feet 11 inches or under.... 20,500 16,000 11,000 

Over 33 feet 11 inches, to and 

including 36 feet 7 inches in 

length 22,000 17,000 12,000 

Over 36 feet 7 inches, to and in- 
cluding 40 feet in length 24,000 19,000 14,000 

Over 40 feet in length 26,000 21,000 16,000 

SPECIAL OR PALACE CARS— Live Stock loaded in Special 
Live Stock or "Palace" cars (not the property of railroad companies) 
will be subject in all cases to full carload minimum for each car 
used, and in no case will less than carload rates and minimum weights 
apply. 

The usual charge for rental to be assessed in addition to the 
regular transportation charges. 

WEIGHTS ON LIVE STOCK AT KANSAS CITY, MO.— 
There being no general arrangements at Kansas City, Missouri, with 
Stock Yards Company or commission firms to obtain hoof selling 

118 



weights on all Live Stock consigned to that market, making it neces- 
sary to track scale cars loaded and light, it is understood, when re- 
quests are made to set aside such track scale weight in favor of hoof 
selling weights, that such hoof weights less usual fill allowances 
may be protected when same are greater or less than the net track 
scale weight by more than 1,000 pounds, subject to established mini- 
mum weights, When such hoof selling weights, less the usual fill 
allowance, do not vary more than 1,000 pounds from the track scale 
weights, no correction will be made and track scale weights, subject 
to established minimum weight will be the basis for freight charges. 

When cars are not track scaled the hoof selling weight less the 
usual allowances for fill will be the basis for freight charges subject 
to the established minimum weights. 

STOCK CATTLE, STOCK HOGS AND STOCK SHEEP, 
DOUBLE DECK, WESTBOUND— -Stock Cattle or Stock Hogs -in 
single deck cars, and Stock Sheep in double deck cars, westbound, sev- 
enty-five per cent, of the eastbound rate will apply except to stations 
as shown below on Stock Cattle. 

Stock Cattle will take 75 per cent, of the Fat Cattle rate from 
Kansas City, Mo., and St. Joseph, Mo., to stations Avondale, Mo., to 
Gower, Mo., inclusive, subject to the following minimum weights 
and charges: 

LENGTH OF CAR. Mnimum Minimum 

Inside Measurement. Weight. Changes. 

In cars 34 feet and under 20,700 $11.00 

In cars 34 feet 6 inches and under 21,100 11.00 

In cars 35 feet and under 21,500 11.00 

In cars 35 feet 6 inches and under 21,800 11.00 

In cars 36 feet and under 22,000 11.00 

In cars over 36 feet 22,000 11.50 

Exception : Will not apply on shipments of Stock Cattle, carloads, 
between Kansas City, Mo., and St. Joseph, Md. Between these 
points apply Fat Cattle rates. 

FEED IN STOCK CARS — Feed, except loose hay in racks, will 
not be permitted to be loaded with carloads of Live Stock. 

BEDDING — Bedding for cars to be loaded with Live Stock will 
be furnished and placed in the cars without charge. W-hen furnished 
by the shipper at his own expense, an allowance of twenty-five (25) 
cents per car, either single or double deck, will be made from the 
freight charges, waybills to bear notation in each case certified to by 
forwarding agent. "Twenty-five (25) cents' deducted from freight 
charges account bedding furnished by shipper." 

Exception: No allowances will be made for bedding furnished by 
the shipper at feeding points for the Live Stock moving under feed- 
ing in transit rates. 

MIXED CARLOADS— Mixed shipments of Live Stock may be 
received for transportation when not in conflict with State Laws, 
subject to the following rules: 

Each class of stock to be separated by a good and sufficient par- 
tition at owners' expense, which shall be fastened to the car without 
the use of nails or spikes, or any other fastening which will injure 
or deface the car. 

Where rates are in dollars per car, the rate on mixed carload 
shipments of Live Stock so received is to be the highest rate for any 
grade of stock in the car, and subject to authorized percentages for 
cars of different length. 

On shipments of Live Stock rated in dollars per car, when loaded 
in Palace cars, having permanent stalls, the rate on highest class 
will govern. 

119 



Telephone 858 

Dr. Alfred N. Hagan 

DENTIST 

Office and Residence 

24th and M. Sts. 

Opposite Posli-Office 

South Omaha, Nebraska 

Central Taxicab and 
Auto Livery Company 

Stand: 

1415 Farnam Street 

Phone Douglas 862 

We Solicit Stockmen's Trade 



Patents Developed. Models and 
Experimental Work. 

American Machine Works 

WARREN STIBOLT, Prop. 

Repairing of All Kinds of 
Machinery. Tools, Dies. 

Special Machinery 
Built to Order 

110 South 11th Street 
Phone Doug. 4881, Omaha 



Office Telephone, South 2140 

Dr. M, H. Anderson 

DENTIST 

Over Live Stock 
National Bank 

South Omaha, Nebraska 



POUNDS BAR 

301 No. 26th Street 

South Omaha, Nebraska 

Restaurant 

. . . In . . . 

Connedtion 

POPULAR PRICES 

Celebrated Schlitz Beer 
on Tap 

Also Agents for 

RED TOP RYE 



S.M.Sadler C.C.Sadler 

Telephone Doug. 1326 



S. M. Sadler & Son 
ABSTRACTS OF TITLE 

Titles Examined and Perfected 

Irrigation Titles a Specialty 

216-218 State Bank Bldg. 
OMAHA, - - NEB. 

Phone Harney 3669 
Stand Doug. 150. 

Shively's Auto Livery 

7 Passenger Cars 
Ready Day or Night OMAHA 



*In no case shall the charge for a car of mixed Live Stock be less 
than would be charged for a car of same length loaded with Cattle. 

KIND OF LIVE STOCK RATES MINIMUM WEIGHT. 

Cattle and Hogs Hog Hogs 

Cattle and Sheep Sheep Sheep 

Cattle, Hogs and Sheep Sheep Sheep 

Hogs ani Sheep in single deck cars. Sheep Sheep 

Hogs and Sheep in double deck cars. Hog Hog (See Note) 

Hogs and Sheep mixed in H I gj E^^?^ 

each deck of double deck cars. / weight. 

ri 4J.1 it ai. i j j 'j-t- Horse for f 20,000 pounds; any ex- 

Cattle, Hogs or Sheep loaded with • - 1 cess over 20,000 lbs. to 

Horses, Mules or Asses. „_, , "t-j } be charged for at a pro- 

' car used. Ldsrtionaterate. 

NOTE : When a full deck of Sheep and a full deck of Hogs are 
loaded in a double deck car the single deck rate and minimum weight 
on each will apply. 

*Will not apply on Nebraska State Traffic per Opinion and Or- 
der of the Nebraska State Railway Commission in formal complaint 
No. 139, April 11, 1912. 

STOPPING IN TRANSIT OF CATTLE, HOGS OR SHEEP 
FOR FEED, REST OR SALE— Shipments of Cattle, Sheep or Hogs 
may be held in Stock Yards for feed, rest or sale as follows: Cattle 
or Hogs, ten days; Sheep, thirty days. 



121 



UNIQUE AUTO LIVERY 

JOE SUTLEY, Prop. 

First Class Taxi Cabs & Touring Cars 
Phone Tyler 1-8-2 

5 Passenger Cars 7 Passenger Cars 

$2.00 Per Hour $3.00 Per Hour 
WHY PAY MORE? 

Competent Drivers, Office and Garage 
Service Day and Night 2024 Douglas Street 


STOCKMEN 


ATTENTION IS CALLED 

to the enclosed letter of 

The Mid-West Bank 

'"That always treats you right" 
SIOUX CITY, IOWA. 

They have banked with farm- 
ers and stockmen since 1886, 
know and like them and desire 
to become headquarters for ev- 
ery farmer in Iowa, Nebraska 
and South Dakota. Write them 
Or call for anything wanted. 


MUST EAT 


WHEN they want, 
WHAT they want, 
WHERE they want, 

But they always want 
to eat it at the 

Huh Dairy Lunch 

Sioux City, Iowa 


Party, Theatre. Wedding and Dance Calls 
a specialty. Train and emergency calls 
solicited. Reasonable Rates. Careful 
Drivers. Phones: Auto., 4541. Bell, 416. 

MOTOR MART 

AUTOMOBILE LIVERY 
AND CAB SERVICE 

The Auto Business in all It's Branches 

DAY AND NIGHT SERVICE 

THE BENNETT AUTO SUPPLY CO. 

R. A. BENNETT, Pres. and Gen. Mgr. 
E. L. BARTHOLOMEW, Livery Mgr. 

6th and Nebraska Sts. SIOUX CITY, IOWA 



INDEX 



INDEX TO NEBRASKA LAWS. 
Points Covered by Articles. 



Page 

Caboose (Shipper to ride in) 18 

CARS: 

Ordering 15 

.Loading " 15 

COMMON CARRIER LIABILITY: 

Stock in Pens 16 

Stock in Transit ltj 

Stock Killed on Tracks 21 

Qates 21 

Injuries to Stock 21 

Liability for Delivery of Freight 22 

Limit of Liability , 22 

Contract (Shipping) 17 

Freight Rates 22 



Page 

Imported Stock 20 

Side Track— Private 16 

Speed of Live Stock Shipments.... 19 
Stock Not to be in Cars Over 36 
Hours 19 

Stock Yards, (Destination) Laws 
Governing 19 

Thirty-six Hours Release 19 

Transportation for Stockmen 18 

YARDS : 

Railroad 15 

Private 15 

Establishing 15 



STATUTE LAWS. 



Page 
BRANDS: 

Altering Brand or Ear-Mark 51 

Branding Stock, Fees 48 

Butcher to Record Marks and 

Brands, Exhibit Hides, and 

Keep for Three Days 50 

Filed With Secretary of State.... 4S 
Herd Brought in for Grazing 

(Distinguishing Brands) 49 

Hides, Keep Record of Brands, 

Penalty 51 

Must Not be Duplicated 48 

Prim? -facie Evidence of Owner- 
Offered for Record 48 

ship, (Penalty for Violation) ... 50 

Record, How Kept 45 

Recovered After Five Years 48 

Rejected 49 

Rights of Owners Not Impaired 50 
Two Similar, Last One Illegal.... 49 

CRIMINAL LAWS (ANIMALS): 
Abandoning Sick or Disabled An 

irnals 59 

Abusing or Overworking An- 
imals..... 58 

Shelter 58 

Arrest of Persons for Cruelty to 58 
Breaking Open or Injuring 

Pound 59 

Bull-baiting and Torture of An- 
imals 59 

Cruel Treatment or Exposure of 

Domestic Animals 58 

Cruelty to Animals 58 

False Stock Pedigree 59 

Hog Stealing 57 

Horse Racing 59 

Horse Stealing, Buying or Con- 
cealing 57 

Killing or Injuring Animals 57 

Mutilation of Horses 57 

Poisoning Animals With Intent 

to Injure or Destroy 58 

Stealing and Receiving Stolen 

Cattle - 57 

Taking Horse or Mule Without 

Leave 57 

Dogs — Damage by Dogs, Persons 
.Toint'v and Severaly Liable, 
Right to Kill Dogs 45 

DISEASED CATTLE. 

Diseased Animals Not to Come 
in Contact With Others 46 



Page 
Diseased Cattle Not to Run at 

Large...... 46 

Penalties 46 

Hog Cholera 46 

Carcasses Not Sold 46 

Justice of the Peace May Im- 
pound Diseased Cattle, etc 46 

Selling or Allowing Diseased An- 
imals to Run at Large 46 

ESTRAYS AND STOCK RUNNING 
AT LARGE: 



Appraisers' Fees 

Arbitration in Case of Disagree- 
ment 

Arbitrators to Assess Damages 
Caused by Estrays 

Award of Arbitrators 

Description and Publication of 
Stock Taken Up 

Damages, How Assessed 

Damages, Notice to Owner of — 
Form of Notice 

Damage on Enclosed Land 

Damages to Cultivated Land 

Failure of Owner to Pay Dam- 
ages 

Selling of Male by Taker-up 

Keeping of Live Stock, Allow- 
ance for 

Liens for Keeping, Foreclosed, 
Affidavits Fil ed 

Limitation of Law........ 

Liability of Person Growing 
Crop on Uninclosed Land 

Lien, Subject to, for Damage.... 

Lands, Cultivated, Defined 

Liens on Live Stock — Miscella- 
neous 

Must Bring Two-thirds of Ap- 
praised Value 

Owner May Reclaim Before Sale 

Penalty for Violation of 

Place of Sale 

Proceeds of Sale 

Published Five Weeks for Three 
Dollars.... 

Remedv in Court Action 

Sheep and Swine Nofto Run at 
Large ----- -• 

Stock Not to Run at Large at 
Night -- --- 

Taker-up Not Liable for Loss 
bv Death 



36 

35 

33 
33 

34 
34 

32 
34 
32 

32 
36 

64 

63 
34 

34 
33 
33 

63 

36 
35 
36 
36 
36 

35 
35 

33 

33 

37 



123 



STOCK YARDS SADDLERY CO. 

J. G. BLESSING, Proprietor 

WHOLESALE AND RETAIL 

HAND MADE HARNESS AND SADDLES 

FLY NETS, LAP ROBES AND FLY COVERS 

No establishment on earth carries a 
better variety of horse furnishing goods 

Cheapest on Earth, 314 North 25th Street 

Quality Considered. South Omaha, Neb. 



Howard R. Cronk 

OPTOMETRIST 
and OPTICIAN 



1611 Farnam St. 



OMAHA 




R. S. Motorcycle Co. 

W. E. DEWEY, Mgr. 

Write for free catalogue, agents wanted 
1624 Cap. Ave. 408 E. 15th St. 

Omaha, Neb. Kansas City, Mo. 

Phone: Eed 5788 

European - Plan. 
All Outside Rooms. 

New Grand Hotel 

Modern in Every Respect, 

Steam Heat Baths, Hot & cold 

water, electric light. 

Moderate Prices. 

Special rates by Week or Month 

H. SCHOENWALD, Mgr. 
520-24 So. 13th Street 

N. W. Cor. 13th and Jackson. 




VICTOR H. R00S 



The Motorcycle Man 
HARLEY OAVmSON AND YALE MOTORCYCLES 

Bicycles, accessories and all 

kinds of repairing 

2703 Leavenworth St. Omaha. 



Stockmen's 
Claim Association 

We Respectfully 
Solicit Your Business 

Dee Dldg. Omaha, Neb. 



M STAMMER? 



WRITE 



a. E.VAUGHAN 

, RAMGE BLDG. OMAHA 



INDEX -Continued 



Page 
Taker-up Pays Fees and Charg- 
es 36 

Tender, Effect of by Owner 34 

Value of Trouble and Expense 

by Appraisers Estimated 36 

When Stock to be Taken Up as 

Estray 33 

When Taker-up Becomes Own- 
er Without Sale 36 

When Estrays Become Property 
of Taker-up 35 

FENCES: 

Casual Destruction of Fence 61 

Injuring Fences, Gates, etc 62 

.Lawful Fence 60 

Live Fences 60 

Partition and Division Fences 60 

Railroad Fences, Notice to 

Fence 62 

Removal of 62 

Removal of Division Fence .'... 61 

HERDING: 

Damages for Driving off Cattle 
of Another 31 

Driving off Cattle of Another. 
(Penalty,) 30 

Drover Cattle, Who Deemed.. ... 29 

Drover, Duty to Protect Settler 
From Stock 30 

Ownership of Cattle, Evidence 
of 30 

Penalty for Allowing Male An- 
imal to Run at Large 30 

Damages 30 

Penal tv for failure to separate 
Catt'e 31 

Rounding up Cattle 29 

Stock Grower, who Deemed 29 

INSPECTION OF ANIMALS: 

Disease, Spread of, How to Pre- 
vent Among Sheep 45 

Diseased Sheep, Bringing Into 

State 45 

Brought From Another State.... 43 
Inspected Flocks, Powers and 

Duties With 43 

Inspected Flocks, Powers and 

Duties on Inspection of 44 

Inspector, Fees of 44 

How Kept 44 

On Complaint 43 

Questions Asked by Inspector 43 

Record of Inspection 43 

When Made 43 

LIVE STOCK SANITARY BOND: 

Animals Examined and Ap- 
praised 40 

Duties of Deputy 39 

Duty or' Public 39 

Duties, Powers 38 

Emergency Cases 3D 

Employes 38 

Offices, Ru'es, Compositions, etc 3* 
Right of Examination — Arrests.. 39 

Veterinarian 38 

Name of Ranch or Home, Regis- 
tering of 64 

PITFALLS AND OLD WELLS: 

Must be Filled 37 

Notice Given to Owner 37 

Penalty for Violation 37 

Road Overseer to See Same are 
Filled 37 



Page- 
QUARANTINE AND SANITARY" : 
LAWS (PENALTIES FOR NON- 
OBSERVANCE): 

Act Does Not Prevent Damage 

Suit 4jj 

Allowing Diseased Animals ta 

Run 4L 

Allowing to Run, or Selling of 

Diseased Animals 4fr. 

Diseased Stock, Owner Must 

Burn 4£ 

How Enforced 41 

Bringing Diseased Animals into 

State 41. 

Harboring or Bringing into 

State 40' 

Hauling on Highway Prohibited. 42.: 
Manufacturers Forbidden to use 

Carcass of Diseased Hog 42:- 

Using or Allowing Glandered 
Horses to Run 4(fe* 

HOG CHOLERA SERUM: 

Hog Cholera Serum Plant 47~ 

Pathology Animal, Department 

of . Appropriations for 47T 

Receipts from Sale of Serum 47 ■ 

Serum. Manufacture of 4f; 

Sheep Inspector 42 

How Appointed 42"' 

Who Eligible 42 

Term of Office 42: 

Vacancy, How Filled 42: : w 

SHIPPING LAWS: 

Brand Inspection not Required? 

in Open Market 2i 

Caboose, Duty to Furnish 23. 

Cars for Shipping to be Cleaned 2JE^' 
Injuries to Animals 2% • 

INSPECTOR OF STOCK: 

Abolition of Office 27": 

Bond and Oath 27^ 

Certificate of Inspection 27*- 

Duties of 27" 

Inspector, Shipping Fees of 27" 

Liability for Freight 2}£ 

Liability for Stock Injured 2& 

Liability for Violation Shipping : 

Laws 222 

Open Market 2SI- 

Penalties for Violation of Ship- 
ping Act 2£J 

Pens, Hearing of Petition to Se- 
cure :... 2£. 

Pens, Private, How to Secure.... 25." 

Pens, Private Shipping 25: 

Petition for Inspector of Stock.... 2E 
Shipments, Speed of Live Stock. 25', - 

Shipper, Duty of : 21 ; 

Yards and Pens (Shipping) 24r 

Penalties for not Providing 24a. : 

STALLIONS: 

Advertisements 55 ~ 

Record of Certificate 55 

Certificate, Transfer 55 

Animals — Removal of Same 52 

Certificate of Registration, How 

to Obtain 52,. 

Certificate, Form 54- 

Certificates Heretofore Issued, 

Repeals, Forms 5S; ~ 

Duration of Lien for Service 51; 

Fees 55: 

Foreclosure of Lien 52" 

Funds. How Used '.. 55,-. 



125 



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Pillows, Mattresses and Box Springs made to order 

Importers and Dealers in 

FEATHERS AND DOWN OF ALL GRADES 

Have Your Old Feather Beds Made Up Into 
Summer and Winter Side Mattresses 

Telephone and Mail Orders Will Receive Prompt Attention 

Telephone Doug. 2467. 1721 Cuming St., Omaha 



-; 



Lands and Investments 

EVERYBODY WANTS TO BE RICH 

To get Rich is to be Influential 

To Get Rich You Must Save and Invest 



One good investment is often worth a lifetime's labor. I make 
a specialty of selling and exchanging lands and ranches. I have 
one investment whereby I guarantee 25% income each year, and do 
not ask for one cent until you have investigated, and satisfied it is 
] as represented. I have a large list of improved farms and ranches 
\ to select from. Some ranches with a nice bunch of cattle, have 
two ranches with 500 acres of alfalfa on each one, that are bar- 
gains. Write 

A. C. JEWELL, "The Land Man" 

220 Board of Trade Omaha, Nebraska 



INDEX— Continued 



Page 

Lien for Service 51 

List of Animals Served 51 

Qualifications, Certificate Posted 55 
Registrations of Stallions and 

Jacks 52 

Violations of Act, Penalties 56 

STOCK YARDS:. 

Definition of Terms 62 

Record of Stock Hauled 63 

Scales and Yards, Furnish 63 



Page^ 
State Railway, Commission, Con- 
trol 65 - 

Unload in Two Hours, Penalty.... 63 

Taxes : 64 

Stock in Charge of Agent 64 

Transportation, Cruel or Inhu- 
man, of Animals 64 

Veterinarian (State) (See Live Stock.. 
Sanitary Board.) 



INDEX TO IOWA LAWS. 



Page 

Association for Promotion of Live 
Stock Industry 90 

Commission of Animal Health 89 

CRIMINAL— ANIMALS : 

Diseased Horses, Mules, etc., 

Bringing in 77 

Allowing Diseased Horses, 

Mules, etc., to Run at Large.... 77 

Swine Dying From Disease 77 

Must not Sell Animal Dying 

of Disease 77 

Cannot Convey Along Highway 

Carcass of Diseased Hog 77 

Diseased Hogs — Permitting to 

Escape 77 

Bringing Diseased Cattle Into 

State 77 

Damaged Caused by Bringing 

Diseased Stock in State 73 

Cruelty to Animals 76 

Railways, When Transporting 76 

Damage to Fence, Produce or 

Fixtures 76 

Injuries to Beasts 75 

Importing Animals Without Food 

and Water 76 

Disturbing Stock... 76 

Driving Away Stock 76 

Racing or Fast Driving on High- 
ways 87 

Dairy and Beef Cattle Industry.... 92 

Diseased Animals Killed 75 

Dogs (Sheep Killing Dogs) 75 

ESTRAYS: 

Abandoned Animals.... 75 

Bond to Release 74 

Fees and Expenses 73 

Finder NoL Liable 74 

Food and Water Supplied 75 

Marks and Brands 71 

Marks Previously Recorded 75 

Notice Posted 73 

Penalty Against Finder 71 

Penalty Against Officer 74 

Property Vests, When 73 

Publication 73 

Record 74 

Recovery by Owner 74 

Taking up Estrays 73 

Use or Appropriation 74 

Value Recorded ----- 74 

FENCES: 
Appeal From Decision of Fence 

Viewers 87 

Assignments of Portions 84 

Cattle Guards — Crossings— Signs 87 
Cattle Wavs Across Highways... 87 

Application for Cattle Way 87 

Cross-fences 87 



Page 

Default — Damages — How Col- 
lected 84s 

Division Recorded 85. 

Failure to Fence, Liability for 
Stock Killed — Speed at Depots 8S . 

Fence on Another's Land 8E . 

Fences Reauired on Railroad 

Right-of-way 8& 

How Far Binding 857- 

Killing of Stock, Resulting From 

not Fencing Tracks 88>- 

Lands in Different Townships.... 85- 

Lawful Fence Defined 8& 

Line Fences 86- 

On One Side of Line 86:; 

Orders — Notice 85".- 

Partition Fences 84: 

Powers of Fence Viewers S4H 

Private Crossings 87" 

Record Kept— Fees of Clerk 87" 

Repairs to Cattle Ways 87: 

Service of Notice 85- 

AVhere Stock Restrained 87 ' 

HOG CHOLERA— (ERADICATION 
OF.) 

Diseased Animals Destroyed — 
Compensation 81. 

Expenses of Quarantine, Con- 
demnation and Distribution 81 

Federal Inspection 81. 

Penalty for Violation of Quaran- 
tine §| 

Regulations , ©IS 

l7oG CHOLERA SERUM: 

Appropriation 84 

Disposition of Money Received.. 82.-- 

How Sold 8| 

Inspection for Future 8^ 

Laboi-atory Supervision, etc 81 - 

Penalty for Violation 83 

Present Laboratory Discontinued 83 

Seizure — Examination S3 ~ 

Standard of Potency— Permit . 

to Sell, etc 82 - 

Use Limited to Certain Serum.. 8& 
Virus, How Sold, by Whom, Vi- 
olation, Punishment 8S : 

JACKS: 

Regristration (See Stallions.) 

Liens of Livery Stable Keepers, 

etc ■- 84? 

Pedigrees (See "Stallion.") 

REGISTERED PEDIGREED STOCK? 
Registration (See "Stallions.") 
STOCK RUNNING AT LARGE: 
Apportionment of Damages 7JL 



127 



Don't Get 
Discouraged 



When your young Pigs begin to show signs of loss of appetite 
and their ears droop and tail hangs straight down, that's their way 
of "WARNING" you that something is wrong and needs help. 

OUR CRE-O-LONE HOG CHOLERA PREVENTIVE ( will give 
the required aid. Tones the entire system. The Liver vibrates 
with new life. The Blood is cleansed of all impurities and carries 
renewed health to every vein and nerve and muscle and removes 
the constipation, then their trouble is gone. No more attacks until 
Improper feeding brings it on again. The discouraging features 
are gone and it seems worth while. 

"DON'T FORGET" that it is "CRE-O-LONE" that you want. 



- 



Cre-o-lone 
Stock Tonic Co. 

509 Pearl Street 
Sioux City, - - Iowa 



INDEX-Continued 



**, 



Page 

Assessment, How to Make Ap- 
peal 72 

Assessment of Damages, Sale...... 72 

Distraint Damage Feasant — re- : 

covery 71 

Escape or Re-ease — Recapture.... 72 
Ma'e Animals Running at Large 71 

Meaning of Terms 70 

Punishment for Unlawful Release 73 

Recovery of Damages........ 71 

Restraining Dive Stock — Submis- 
sion to 7oters 75 

What Animals not Permitted to 
Run at Large 71 

STALLIONS: 

Blind Stallion or Jack 67 

Certificate of Soundness 67 

Certificate to be Posted and 
Contained in Advertisements.... 66 

Disqualifications 65 

Enforcement of Lien, Procedure 70 
Enrollment — Annual Certifica- 
tion of Soundness 65 

Importation Prohibited Unless 
Accompanied by Veterinarian's 
Certificate — Violation Punished 67 

Imported Stallions or Jacks 6j6 

Lien Upon Progeny 7-0 

Lien May be Contested 70 

Limitation of Lien 70 



- Page 

Oath of Owner or Keeper or 

Certificate of Veterinarian 65 

Transfer of Certificate— Fee 66 

Permanent Stock Certificate of 

Soundness — Fee 67 

Publishing False Pedigrees, etc., 

Penalty 67 

VETERINARIAN (STATE. fc', ;: . 

Compensation of Assistants...'. 79 

Compensation of Inspection, 

Paid by Whom !...,. 80 

Compensation of Veterinarian; 

Surgeon..: ; 79 

Co-operate With United States.. 78 

DISEASED STOCK AND QUARAN- 
TINE LAWS: 

Destruction of Stock — Compen- 
sation — Appeal -: 79 

Duties — Deputies 78 

Expenses.... 79 

Inspection of Sheep From Out- 
side the Stable 80 

Penalty for Interfering with 73 

Report , 78 

Sheep Inspection 79 

State Veterinarian Surgeon Ap- 
pointment, Powers, Regulations 73 
Treatment of Diseased Sheep 79 



RAILROAD RULES AND REGULATIONS. 



CARS: 

Bedding in Cars 119 

Cal-ves in Double-deck Cars 112 

Cow Ponies — Carloads 112 

Feed in Stock Cars US 

Furnishing Cars of Different 

Size than Ordered 112 

Goats, Carloads 112 

Hogs in Double-deck Cars — Car- 
loads -112 

Length of Cars 119 

Ordering Cars 112 

Mixed Cars ~119 

Palace Horse Cars, Description; 
Rental Charges, etc. (Arms, 
Doud, Keystone, Mather, Street 111 5 

Sheep in Double-deck Cars 112 

Sheep in Tiered Cars 112 

Special Or Palace Cars 11* 

Weighing of Horses and Mules, 

Carloads 115 

Westboui d, Stock Cattle, Stock 
Hoss and Stock Sheep, Double- 
deck , 119 

Contracts, Executing 115 

Dipped Sheep, Accepting.: ...112 



Liability, Limitation of......... ..114 

Re-consigning Live Stock. Ill 

Shipments Without Caretakers 114 

STOPPING IN TRANSIT: 
Fattening, Stopping in Transit 
of Cattle and Sheep for Feed, 

Rest or Sale, for. 117 

Range Horses to Put in Condi - 

• i tion for Marketing!..! 117 

To Finish Loading Horses, 
Mules or Asses 116 

Transportation for Caretakers in 
Charge of Live Stock ... 112 

WEIGHTS: 

Allowance for Fill 118 

Kind of Live Stock, Weight, 
Rates — Minimu.m 120 

Minimum Weights on Live 
Stock Rated in . Cents per 100 
lbs '..' 118 

Rated in Dollars per Car, Live 
Stock Weights 118 

Weights on Live Stock at Kan- 
sas City, Mc —118 



UNITED STATES LAWS AND SANITARY REGULATIONS 
Acts of Congress under which the 



regulations are made 106 

Appropriation 94 

Farm names, Registrations of 94 

Funds not to be used for private 
purposes 9"* 

General regulations 95 

Hog cholera and- swine plague, 
regulations to prevent the _ 
spread of 10t> 

I nterstate shipment 110 



Maladie Du Coit, regulations to 
prevent spreading..... 104 

Name, registered, cancellation of 
—fee 94 

Registration of firm name author- 
ized, etc 94 

Regulations of the Secretary of 
Agriculture 95 

Release, twenty-eight hour 1.10 

S cabbies in cattle, regulations to 
prevent 99 

Scabbies in cattle, regulations to 
prevent spread of 102 



129 



South Omaha Live Stock Commission Firms 



Acker, N. E. & Co. 

Benton, VanSant & Lush. 

Big 4 Live Stock Commission Co. 

Bliss, Joseph & Son, Co. 

Bliss & Wellman. 

Bowles Live Stock Com. Co. 

Brainard & Carpenter. 

Buchanan, Alex G. & Son. 

Bulla, J. H. & Co. 

Burke, Rickley Co. 

Byers Bros. & Co. 

Clay, Robinson & Co. 

Clifton Commission Co. 

Clow, Byron & Co. 

Cox- Jones- Van Alstine Co. 

Dennis & Francis. 

Denny, W. F. 

Donahue, Randall & Co. 

Dudley, Allen & Co. 

Dworak Commission Co. 

Farmers Live Stock Com. Co. 

Frazier- Johnson Co. 

Frederick, John T., & Co. 

Garrow Com. Co. 

Great Western Com. Co. 

Hamilton, H. F., & Co. 

Harvey, John, Jr. 

Hill & Son. 

Interstate Com. Co. 

Jackson-Signall Co. 

Knollin Sheep Com. Co. 

Laird, J. N. & Co. 

Laverty Bros. 



Lee Live Stock Com. Co. 

Lewis, Frank P. 

McCreary & Kellogg. 

Martin Bros. & Co. 

Melady Commission Co. 

Missouri & Kansas Calf & Cattle Co. 

Murphy, J. W. 

National Live Stock Com. Co. 

Nye-Schneider-Fowler Co. 

Omaha Live Stock Com Co. 

Perry, W, J. & Co. 

Ralston & Fonda. 

Record Live Stock Com. Co. 

Roberts Bros. & Rose. 

Roberts, L. E. & Co. 

Root, J. B. & Co. 

Rosenbaum Bros. & Co. 

Rosenstock Bros. & Co. 

Schwartz & Co. 

Smith Bros. Commission Co. 

Smith, Wm. R., & Son. 

Snyder-Mialone-Coffman Co. 

Snyder, Son & Co. 

Standard L. S. Com. Co. 

Tagg Bros. 

Van Sant, W. B. Co. 

Wertheimer & Degen. 

Williams & Sons. 

Winn Bros. 

Wood Bros. 

Wood, Geo. M., Sheep Co. 

Wood-Oswald-Childs Co. 



Sioux City Live Stock Commission Firms 



Babcock & Son. 

Baldwin, Kitselman & Timmer. 

Clay, Robinson & Co. 

Craighead & Co. 

C. Frederickson & Co. 

Fitzsimmons-Pierce Commission Co. 

Frank E. Scott Commission Co. 

Higgins Sheep Commission Co. 

Ingwerson Bros. 

Iowa Commission Co. 

Kloek & Vickers. 

Lee Live Stock Commission Co. 

Long & Hansen. 



Hudson & Greenameyer. 

Hefner Bros. 

Moss & McGee. 

Rice Bros. 

Rosenbaum Bros. & Co. 

Swanson & Gilmore. 

Sioux City Live Stock Commis. Co. 

Steele, Siman & Co. 

Snyder, Son & Co. 

Ward Commission Co. 

Wood Bros. & Co. 

Waitt & Lake Commission Co. 

E. H. Schloeman & Co. (Horse) 



Anderson, L. M. 
Birmingham, Grover. 
Birmingham, E. H. 
Carbaugh, D. 
Maurice Degen. 
S. Dryfoos & Son. 
J. A. Flanders. 
F. D. Foster. 
L. C. Hudson. 
Keen an, W. H. 
William S. Carson 



YARD DEALERS. 

A. J. Lynch. 
Marx & Co. 
Reilly & Sullivan. 
Rosenstock Bros. 
W. E. Sheridan. 
T. J. Steele & Co. 
C. B. Thorpe. 
Throckmorton Bros. 
H. E. Waitt. 
A. S. Wendel. 

13© 



Mr. Stockman 



In putting- out this edition of the "Stock- 
men's Legal Guide" we were prompted by a 
two-fold purpose. One was that we felt xhat 
it would be a most welcomed addition to your 
library, placing-, as it does, the stock laws in 
force in your state, at your finger tips. The 
other was, that we wanted your business. 

When you buy, feed and sell on a close 
margin it is absolutely essential that youi-be 
protected for the careless handling in si$|> 
ment — for by one neglegent act on the part of 
a railroad your profits for an entire year may 
be sent glimmering. 

We are fully prepared and qualified to re- 
<ovef these losses for you — giving- them the 
careful and prompt attention to which they 
are entitled. 

We respectfully solicit J^our business. 

Very truly yours, 



Stockmen's Claim Association 

Bee Building Omaha, Nebraska 



LIBRARY OF CONGRESS 



Phone Douglas 1475 000 923 854 2 

All Modern Conveniences. Rates 50c to $2.00 per tfasT 

Special Weekly Rates 



The Oxford Hotel 

EUROPEAN PLAN 

Cafe in Connedtion 



A. WHITE, 

Proprietor 



11th and Farnam Sts. 

OMAHA, NEB. 



Hesitation is the Sign -Post on the Road to Failure 

DOWN in your heart you know that a finished course of train- 
ing in Book-keeping, Stenotypy, Shorthand and English or both — 
would add mightily to your efficiency, would gain for you a genu- 
inely good position in the business world and would push you for- 
ward on the path to promotion. And, if youi are .not already sure 
of it, a little investigation of the honest facts will convince you 
that your duty to yourself is to obtain that training in the 

^laio? National Business Training School, Sioux city. ia. 




Guarantee 
System 

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Saved More Hogs 
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the past year than 
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combined. 




The American Banker 



Time to begin to raise healthy pigs is before you breed your sows. 
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Stock Yards Sioux City, Iowa 



